Bharatiya Sakshya Adhiniyam, 2023 · Section 126

BSA 126: earlier IEA 120

Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 120 of the Indian Evidence Act, 1872. BSA 126 deals with competency of husband and wife as witnesses in certain cases. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 126 was IEA 120.

Competency of husband and wife as witnesses in certain cases.

Carried over
Old wording kept in full
Old · IEA 1872 · Ch. IX
s. 120
Parties to civil suit, and their wives or husbands, Husband or wife of person under criminal trial
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 competent witness.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. IX
s. 126
Competency of husband and wife as witnesses in certain cases.
(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.
Text from India Code
Related sectionsIEA 120 · Parties to civil suit, and their wiv…
BSA 125 · Witness unable to communicate verbally.BSA 127 · Judges and Magistrates.

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