Section 118: Who may testify

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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.

Where this provision sits

Act	The Indian Evidence Act, 1872
Section	118
Marginal note	Who may testify
Jurisdiction	Central
Status	Repealed
Judgments citing it	12

Judgments that turned on this provision

RSA/487/2024 of IMAMSAB Vs SAPURBIHigh Court of Karnataka · 2025-11-07
CO/1581/2021 of SOMNATH DAS Vs MAYA DASCalcutta High Court · 2021-12-10
VIRENDRA @ BUDDHU & ANR. vs STATE OF U.P.Supreme Court of India · 2008-10-17
CR.A/576/2001 of UTTAMBHAI MANILAL PATEL Vs STATE OF GUJARATHigh Court of Gujarat · 2002-03-11
CR.A/1063/1994 of CHANCHIBEN VALJIBHAI MOTIBHAI Vs STATE OF GUJARATHigh Court of Gujarat · 1998-06-18

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