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Section 120 - Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 120The Bharatiya Sakshya Adhiniyam, 2023 Section 126

Indian Evidence Act, 1872

Section 120

Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial

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Indian Evidence Act, 1872

120. Parties to civil suit, and their wives or husbands, Husbands 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 a competent witness.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 126

Competency of husband and wife as witnesses in certain cases

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The Bharatiya Sakshya Adhiniyam, 2023

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.

Legal Notes & Explanations: Under sec 126 of BSA, spouses are competent witnesses in civil and criminal proceedings. Practitioners citing sec 126 rely on sec 126 as the successor to section 120 of the Indian Evidence Act; sec 126 ensures that sec 126 evidence standards apply in all trials under sec 126, establishing sec 126 rules across all 126 proceedings under 126.

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