Section 124 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 124 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 124: Who May Testify
Text of Section 124:
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.(writinglaw.com)
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.(thelawadvice.com)
🔍 Meaning and Application
Section 124 establishes that all individuals are presumed competent to testify in legal proceedings. However, this presumption is subject to the condition that the individual must be able to understand the questions posed and provide rational answers. If a person is unable to do so due to reasons such as age, illness, or mental incapacity, the court may deem them incompetent to testify.
Key Points:
Universal Competence: Every person is presumed competent to testify unless proven otherwise.(thelawadvice.com)
Conditions for Incompetence: Incompetence arises if the person cannot understand the questions or provide rational answers due to:(thelawadvice.com)
Tender years (very young age)(lextechsuite.com)
Extreme old age(taxguru.in)
Disease (physical or mental)(myjudix.com)
Any other similar cause(writinglaw.com)
Mental Capacity: A person with an unsound mind is not automatically incompetent to testify. They are only deemed incompetent if their mental condition prevents them from understanding the questions and giving rational answers.(taxguru.in, lextechsuite.com)
⚖️ Illustrative Example
Scenario:
A 5-year-old child witnesses an incident and is called to testify in court.
Application of Section 124:
The court assesses whether the child can understand the questions and provide rational answers.
If the child is unable to do so due to their tender age, the court may deem the child incompetent to testify.(myjudix.com)
🧭 Purpose and Importance
Ensures Fair Trials: By establishing clear criteria for witness competence, Section 124 helps ensure that only those capable of providing reliable testimony are allowed to do so.
Protects Vulnerable Individuals: The provision safeguards individuals who, due to age or mental condition, may be unable to participate effectively in legal proceedings.
Promotes Justice: It ensures that testimonies are credible and that justice is served based on reliable evidence.
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