BSA Section 126: Competency of husband and wife as witnesses in certain cases (formerly IEA 120)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 126: Competency of husband and wife as witnesses in certain cases
From 1 July 2024
(1) In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
(2) In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
What it replaced in the Evidence Act
BSA 126 ← IEA 120 · Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trialChanged
BPR&D's comparison records a change. Read what changed before relying on the old wording.
What changed, per BPR&D: Heading "Parties to civil suit, and their wives or husbands. Husband or wife of a person under criminal trial" is replaced by "Competency of husband and wife as witnesses in certain cases". Paragraphs are numbered as subsections (1) and (2),
Printed in both official correspondence tables (BPR&D and NCRB).
In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 120
They remain the law on IEA 120. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 10.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 21.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.