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Section 118 - Who may testify | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 118The Bharatiya Sakshya Adhiniyam, 2023 Section 124

Indian Evidence Act, 1872

Section 118

Who may testify

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Indian Evidence Act, 1872

118. Who may testify

All persons shall be competent to testify unless the Court considers that they are prevented form understanding the question put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation – A lunatic is not incompetent to testify, unless he is prevented by his Lunacy from understanding the questions put to him and giving rational answers to them.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 124

Who may testify

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The Bharatiya Sakshya Adhiniyam, 2023
Chapter IX
Of Witnesses

124. Who may testify.

All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.

Explanation.-A person of unsound mind is not incompetent to testify, unless he is prevented by his unsoundness of mind from understanding the questions put to him and giving rational answers to them.

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