Section 126. Competency of husband and wife as witnesses in certain cases
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Act
The Bharatiya Sakshya Adhiniyam, 2023
Section number
126
Section reader
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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