BSA Section 124 — Who may testify

Summary

Every person is allowed to give evidence in a case, unless the Court decides that they cannot understand the questions asked of them, or cannot give sensible answers, because of very young age, extreme old age, illness (whether physical or mental), or any similar reason.

The explanation clarifies that a person with a mental illness is not automatically barred from testifying. They are only considered unable to testify if their mental condition actually stops them from understanding the questions and giving rational answers.

Official Text

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.

Old <-> New Code Mapping

• IEA §118 — Who may testify