What Is BSA Section 124?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brief Detail

This section outlines the general rule regarding who may testify in court. It states that all individuals are generally competent to provide testimony unless they are unable to understand the questions or provide rational answers due to specific conditions such as age, health issues, or mental incapacity. Importantly, being of unsound mind does not automatically disqualify a person from testifying unless it affects their ability to comprehend and respond.

Question & Answers

Q1: Who is considered competent to testify under Section 124?

A1: All persons are generally considered competent to testify unless they cannot understand the questions or provide rational answers due to age, disease, or other similar causes.

Q2: What factors may prevent a person from testifying?

A2: Factors include tender years, extreme old age, physical or mental disease, or any other similar cause that affects understanding or rationality.

Q3: Does a person of unsound mind automatically lose the ability to testify?

A3: No, a person of unsound mind is not automatically incompetent to testify unless their condition prevents them from understanding the questions and giving rational answers.

Q4: What does the court consider when determining a witness's competency?

A4: The court considers whether the individual can comprehend the questions posed and provide sensible responses.

Example

1. Case Example: A child witness may be deemed competent to testify if they can understand the questions and provide coherent answers despite their young age.

2. Legal Application: An elderly witness with some cognitive decline may still testify if they are able to grasp the questions and respond rationally, demonstrating their competency.

Summary

Section 124 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies that all individuals are generally competent to testify in court, provided they can understand and respond to questions rationally. Specific conditions such as age and mental health are taken into account, but being of unsound mind does not disqualify a person unless it impedes their comprehension and rationality.