Code: Section 126 BSA
(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.
Explanation of Section 126 BSA
Section 126 of the Bharatiya Sakshya Adhiniyam, 2023, deals with the competency of spouses—husbands and wives—to act as witnesses in legal proceedings. This provision ensures that in both civil and criminal cases, a spouse is not disqualified from testifying merely due to their marital relationship with a party involved in the case.
Key Takeaways:
- In civil cases, both the parties to the case and their spouses are competent (i.e., legally allowed) to testify.
- In criminal cases, the accused’s spouse is also considered a competent witness.
- This section does not make it mandatory for the spouse to testify—it only confirms they are eligible to do so if required or willing.
- This promotes fairness and flexibility in legal proceedings by allowing relevant testimony from close family members.
Illustration
Example 1: Civil Suit Involving Property Dispute
Ravi and his brother are parties in a property dispute. Ravi’s wife, who witnessed the execution of the disputed property documents, is called to testify. Under Section 126, she is a competent witness in this civil case.
Example 2: Criminal Case Against Husband
In a criminal trial where the husband is accused of fraud, his wife may choose to testify in court. The law permits her to appear as a competent witness under Section 126(2).
Common Questions & Answers on Section 126 BSA
1. Can a wife testify against her husband in a criminal case?
Yes. Under Section 126(2), the wife is a competent witness in criminal proceedings against her husband.
2. Is a spouse required to testify?
No. Section 126 only states that the spouse is competent, meaning they are legally permitted to testify. It does not compel them to do so.
3. Can a spouse refuse to give evidence?
Yes, a spouse can choose not to testify, particularly in criminal cases, unless otherwise compelled under different provisions or circumstances.
4. Does this apply to all types of cases?
Section 126 applies specifically to all civil proceedings and to criminal proceedings where one spouse is accused of a crime.
5. Is this different from earlier laws?
No, Section 126 essentially reaffirms the position under the Indian Evidence Act, 1872, with a modernized legal framework in the Bharatiya Sakshya Adhiniyam.
Conclusion
Section 126 of the Bharatiya Sakshya Adhiniyam ensures that marital status does not disqualify someone from providing crucial testimony. It balances personal relationships with the needs of justice, allowing spouses to contribute to fair legal outcomes when they choose to do so.
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