Competency of husband and wife as witnesses in certain cases
Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 deals with competency of husband and wife as witnesses in certain cases. In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. The Act came into force on 01 Jul 2024.
(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.
Section 126, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 120 Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial Close, with changes 83%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Questions about Section 126
What does Section 126 of the Bharatiya Sakshya Adhiniyam deal with?
Section 126 of the Bharatiya Sakshya Adhiniyam is headed "Competency of husband and wife as witnesses in certain cases". In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.
How do I find court cases under Section 126 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 126, section 126 BSA, section 126 of the Bharatiya Sakshya Adhiniyam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 126 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 120 (Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial), so the judgments decided under that provision are the case law on this one.
When did Section 126 of the Bharatiya Sakshya Adhiniyam come into force?
Section 126 of the Bharatiya Sakshya Adhiniyam, cited as BSA 126, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.