Section 126 BSA: Competency of husband and wife as witnesses in certain cases

Bharatiya Sakshya Adhiniyam, 2023

Section 126 BSA at a Glance

Section 126 BSA deals with competency of husband and wife as witnesses in certain cases. It replaced Section 120 IEA on 1 July 2024.

Was IEA

Section 120 →

Section 126 BSA Bare Act Text

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.

Source: Section 126, Bharatiya Sakshya Adhiniyam, 2023

Section 126 BSA in Simple Words

Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 allows parties in civil cases and married partners to serve as competent witnesses (people legally allowed to give evidence in court).

Under Section 126(1) BSA, in every civil proceeding, each party to the suit is a competent witness. The wife or husband of a party to that civil suit is also a competent witness.

Under Section 126(2) BSA, when criminal proceedings are brought against a person, the wife or husband of that person is a competent witness. Under the Adhiniyam, being a party to a civil suit, or being married to a civil litigant or to a person facing criminal proceedings, does not stop a person from testifying.

When Section 126 BSA Applies

Applies under Section 126(1) BSA to the litigants in every civil proceeding, making each party to the suit a competent witness.
Applies under Section 126(1) BSA to the wife or husband of a litigant in any civil proceeding, making that spouse a competent witness.
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.

Example of Section 126 BSA

In September 2024, Priya files a civil suit against Farhan in a Bengaluru court over a property dispute. During the trial, both the plaintiff and Ramesh, who is married to Priya, step forward to give evidence as witnesses. Farhan objects that a litigant in a civil suit and the husband of a litigant cannot be witnesses. Under Section 126(1) BSA, both Priya as a litigant in the suit and Ramesh as the husband of a party are competent witnesses in the civil proceeding.

Section 126 BSA in the IEA (Previous Law)

Section 126 BSA replaces Section 120 IEA from the old criminal code.

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.

View IEA Section 120 →Compare IEA 120 vs BSA 126 →

FAQs on Section 126 BSA

What is Section 126 BSA?▼

Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 makes the parties to a civil suit and the wife or husband of a party competent witnesses in all civil proceedings. It also makes the wife or husband of a person facing criminal proceedings a competent witness.

Can the husband or wife of an accused person give evidence in a criminal case under Section 126(2) BSA?▼

Yes. Under Section 126(2) BSA, when criminal proceedings are brought against a person, the wife or husband of that person is a competent witness.

Can a party to a civil suit and the spouse of that party both testify under Section 126(1) BSA?▼

Yes. Section 126(1) BSA makes both the litigants in a civil suit and the wife or husband of a litigant competent witnesses in every civil proceeding.

What is Section 126 BSA in IEA?▼

Section 126 BSA corresponds to Section 120 IEA, which it replaced on 1 July 2024 without any change in wording. The Adhiniyam sets the text out in numbered sub-sections and uses a revised heading.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·