Section 120 IEA: Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
Indian Evidence Act, 1872
Section 120 IEA at a Glance
Section 120 IEA deals with parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. From 1 July 2024 it is replaced by Section 126 BSA.
Section 120 IEA Bare Act Text
120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
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.
Source: Section 120, Indian Evidence Act, 1872
Section 120 IEA in Simple Words
Section 120 of the Indian Evidence Act, 1872 allowed parties in civil cases and married partners to serve as competent witnesses (people legally allowed to give evidence in court).
In every civil proceeding, each party to the suit was a competent witness. The wife or husband of a party to the civil suit was also a competent witness.
When criminal proceedings were brought against a person, the wife or husband of that person was a competent witness. Under the Act, being a party to a civil suit, or being married to a civil litigant or to a person facing a criminal trial, did not stop a person from giving evidence in court.
When Section 120 IEA Applies
- Applies to the litigants in every civil proceeding, making each party to the suit a competent witness.
- Applies to the wife or husband of a litigant in any civil proceeding, making that spouse a competent witness.
- Applies when criminal proceedings are brought against a person, making the wife or husband of that person a competent witness.
Example of Section 120 IEA
Section 120 IEA in the BSA
Section 120 IEA is now covered under Section 126 BSA.
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 detailed comparison (IEA 120 vs BSA 126) →FAQs on Section 120 IEA
What is Section 120 IEA?▼
Section 120 of the Indian Evidence Act, 1872 made the parties to a civil suit, as well as the wife or husband of a party, competent witnesses in every civil proceeding. It also made the wife or husband of a person facing criminal proceedings a competent witness.
Could the wife or husband of an accused person be a witness in a criminal trial under Section 120 IEA?▼
Yes. When a person faced criminal proceedings, Section 120 IEA made the wife or husband of that person a competent witness.
Could a party to a civil suit and the spouse of that party both give evidence under Section 120 IEA?▼
Yes. Under Section 120 IEA, both the litigants in a civil suit and the wife or husband of a litigant were competent witnesses in civil proceedings.
What is Section 120 IEA in BSA?▼
Section 126 BSA replaced Section 120 IEA 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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Sources: Bare Act Text, Indian Evidence Act, 1872 ·