Indian Evidence Act, 1872 · Chapter IX: Of Witnesses
Section 118: Who may testify
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 118
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Nilima Das Gupta (Deceased) Through Its Lrs. v. On the Death of Abdur Rouf His Legal Heirs & Ors.
Issue arose as regards to whether D.W.5-son could have entered the witness box and deposed on behalf of his mother-defendant No.1.
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Aejaz Ahmad Sheikh v. State of Uttar Pradesh & Anr.
Issue arose as regards the correctness of the order passed by the High Court by which the accused was acquitted of the offence punishable u/s.302 IPC.
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State of Rajasthan v. Chatra
Whether the High Court erred in reversing the conviction of the respondent-accused under Section 376, Penal Code, 1860 for the rape of a minor girl and acquitting him.
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The State of Madhya Pradesh v. Balveer Singh
Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness;…
- Pradeep v. The State of Haryana
- Smruti Tukaram Badade v. State of Maharashtra & Anr
- Rajeshbhai Muljibhai Patel and Others Etc. v. State of Gujarat and Another Etc.
- P Ramesh v. State Rep by Inspector of Police
- Digamber Vaishnav & Anr. v. State of Chhattisgarh Criminal Appeal Nos. 428-430 of 2019 March 05, 2019
- R. Dineshkumar @ Deena v. State Rep. by Inspector of Police & Others
- State of Rajasthan v. Chandgi Ram & Ors.
- Ganga Singh v. State of Madhya Pradesh
- Hamza v. Muhammadkutty @ Mani & Ors.
- Mohd. Imran Khan v. State (Govt. of NCT of Delhi)
- State of M.P. v. Ramesh and Anr.
- Himmat Sukhadeo Wahurwagh & Ors. v. State of Maharashtra
- State of Karnataka v. Shantappa Madivalappa Galapuji & Ors.
- Virendra @ Buddhu & Anr. v. State of U.P.
- Golla Yelugu Govindu v. State of Andhra Pradesh
- Nivrutii Pandurang Kokate and Ors v. State of Maharashtra
- Badshah and Ors. v. State of U.P.
- Acharaparambath Pradeepan and Anr v. State of Kerala