Bharatiya Sakshya Adhiniyam, 2023
BSA Section 126
Competency of husband and wife as witnesses in certain cases
In one line
BSA Section 126 deals with competency of husband and wife as witnesses in certain cases and replaces Evidence Act 120.
Bare act text — BSA 126
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.
What changed from the Evidence Act
- Evidence Act 120 → BSA 126: Heading "Parties to civil suit, and their wives or husbands.
- Evidence Act 120 → BSA 126: Husband or wife of a person under criminal trial" is replaced by "Competency of husband and wife as witnesses in certain cases".
- Evidence Act 120 → BSA 126: Paragraphs are numbered as subsections (1) and (2),
Frequently asked
What was BSA Section 126 in the Evidence Act?
BSA Section 126 (Competency of husband and wife as witnesses in certain cases) replaces Section 120 of the Indian Evidence Act, 1872. Evidence Act 120 is now BSA 126.
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Nearby BSA sections
- BSA 121 — Estoppel
- BSA 122 — Estoppel of tenant and of licensee of person in possession
- BSA 123 — Estoppel of acceptor of bill of exchange, bailee or licensee
- BSA 124 — Who may testify
- BSA 125 — Witness unable to communicate verbally
- BSA 127 — Judges and Magistrates
- BSA 128 — Communications during marriage
- BSA 129 — Evidence as to affairs of State
- BSA 130 — Official communications
- BSA 131 — Information as to commission of offences