IEA 120→BSA 126

IEA 120 to BSA 126: Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial

Section 120 IEA (1872) replaced by Section 126 BSA (2023)

View IEA Section 120 →View BSA Section 126 →

IEA 120 to BSA 126 at a Glance

Section 120 IEA (Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial) is now Section 126 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 120 to BSA 126?

Section 120 of the Indian Evidence Act, 1872 became Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Competency of husband and wife as witnesses in certain cases". The text is now set out in numbered sub-sections.

IEA 120 vs BSA 126: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section120126
HeadingParties to civil suit, and their wives or husbands. Husband or wife of person under criminal trialCompetency of husband and wife as witnesses in certain cases
Sub-sectionsNone2 sub-sections

IEA 120 and BSA 126: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 120, IEA 1872

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 a competent witness.
BSA 2023 (in force)

Section 126, BSA 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.

When It Applies: IEA 120 vs BSA 126

Under IEA 120
  1. Applies to the litigants in every civil proceeding, making each party to the suit a competent witness.
  2. Applies to the wife or husband of a litigant in any civil proceeding, making that spouse a competent witness.
  3. Applies when criminal proceedings are brought against a person, making the wife or husband of that person a competent witness.
Under BSA 126
  1. Applies under Section 126(1) BSA to the litigants in every civil proceeding, making each party to the suit a competent witness.
  2. Applies under Section 126(1) BSA to the wife or husband of a litigant in any civil proceeding, making that spouse a competent witness.
  3. Applies under Section 126(2) BSA when criminal proceedings are brought against a person, making the wife or husband of that person a competent witness.

What IEA 120 to BSA 126 Means in Practice

The same rule applies because Section 120 IEA became Section 126 BSA on 1 July 2024 without any change in wording. The Adhiniyam sets the text out in numbered sub-sections, Section 126(1) BSA and Section 126(2) BSA, and uses a revised heading. A person in court should cite Section 126 BSA for matters governed by the Adhiniyam.

FAQs: IEA 120 to BSA 126

Did numbering the text as Section 126(1) BSA and Section 126(2) BSA alter the rule on witness competency?▼

No. Section 126 BSA keeps the exact wording of Section 120 IEA while placing the rule for civil proceedings in Section 126(1) BSA and the rule for criminal proceedings in Section 126(2) BSA under a revised heading.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·