IEA Section 118: Who may testify
Indian Evidence Act, 1872 · Chapter 9: Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
All persons shall be competent to testify unless the Court considers that they are prevented from 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 119. Dumb witnesses
- 120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
- 121. Judges and Magistrates
- 122. Communications during marriage
- 123. Evidence as to affairs of State
- 124. Official communications
- 125. Information as to commission of offences
- 126. Professional communications
- 127. Section 126 to apply to interpreters, etc
- 128. Privilege not waived by volunteering evidence
- 129. Confidential communications with legal advisers
- 130. Production of title-deeds of witness not a party
- 131. Production of documents or electronic records which another person, having possession, could refuse to produce
- 132. Witness not excused from answering on ground that answer will criminate
- 133. Accomplice
- 134. Number of witnesses