Evidence Act to BSA
Evidence Act Section 118 in BSA: Section 124
Section 118 of the Indian Evidence Act, 1872 (Who may testify) corresponds to Section 124 of the Bharatiya Sakshya Adhiniyam, 2023.
Last updated 9 October 2026
Evidence Act 118 and BSA 124 at a glance
| Evidence Act (old) | BSA (new) | |
|---|---|---|
| Section | 118 | 124 |
| Heading | Who may testify | Who may testify |
| Mapping | Direct equivalent | |
What Evidence Act Section 118 covered
Makes all persons competent to testify unless the court considers that they are prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or any similar cause.
What changed in BSA Section 124
The rule is carried over as BSA Section 124. The Explanation now refers to "a person of unsound mind" in place of "a lunatic".
Which law applies: Evidence Act or BSA?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
Evidence Act 118: common questions
What is the new section for Evidence Act 118?
Evidence Act Section 118 (Who may testify) corresponds to Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between Evidence Act 118 and BSA 124?
The rule is carried over as BSA Section 124. The Explanation now refers to "a person of unsound mind" in place of "a lunatic".
Does Evidence Act Section 118 still apply to older cases?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Related Evidence Act sections
- Evidence Act 119 to BSA 125 · Witness unable to speak
- Evidence Act 133 to BSA 138 · Accomplice evidence
- Evidence Act 145 to BSA 148 · Contradicting a witness
- Evidence Act 154 to BSA 157 · Hostile witness
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.