What Is BSA Section 126?

Bhartiya Sakshya Adhiniyam, 2023 - Section 126: Competency of Husband and Wife as Witnesses in Certain Cases. Judges and Magistrates

(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.

Brefe Detail

This section establishes that in both civil and criminal proceedings, spouses are considered competent witnesses. In civil cases, both parties involved in the suit, along with their respective spouses, can testify. In criminal cases, a person's spouse can testify against them.

Question & Answers

Q1: Who can be a witness in civil proceedings according to Section 126?

A1: In civil proceedings, the parties to the suit and the husband or wife of any party to the suit are competent witnesses.

Q2: Can a spouse testify in criminal proceedings?

A2: Yes, in criminal proceedings, the husband or wife of the accused person is a competent witness.

Q3: Does this section apply to both civil and criminal cases?

A3: Yes, Section 126 applies to both civil and criminal proceedings.

Example

1. Civil Case Example: In a divorce proceeding, both spouses can testify about their experiences and events during the marriage as competent witnesses.

2. Criminal Case Example: If a husband is accused of theft, his wife can testify in court regarding his whereabouts during the time of the alleged crime.

Summary

Section 126 of the Bhartiya Sakshya Adhiniyam, 2023, allows spouses to be competent witnesses in both civil and criminal proceedings. This provision ensures that relevant testimonies from husbands and wives can be presented in court, potentially impacting the outcomes of cases.