Competency of husband and wife as witnesses in certain cases.
What this section does
In civil proceedings, parties to the suit and their spouses are competent witnesses. In criminal proceedings against any person, the spouse of the accused is a competent witness. The section addresses competency only and does not deal with compellability.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Spouses are competent witnesses in both civil and criminal proceedings.
When it applies
- In a civil suit for breach of contract, the plaintiff's wife may be called as a witness by either party.
- In a criminal trial for theft, the accused's husband or wife is a competent witness for the prosecution or defence.
Derived from IEA s.120.
Read the official text
For the binding statutory text of BSA Section 126, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 126 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.