Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
Section 120 of the Indian Evidence Act, 1872 deals with 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. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 120, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 126 Competency of husband and wife as witnesses in certain cases 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 The repealed enactment still governs what happened while it was in force.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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Therefore, the person apprehending death had executed Will, thereby transferring his right in favour of his daughter. Just because, the Plaintiff did not enter the witness box, the Court need not draw adverse inference against the Plaintiff. It is the right granted to the party to the civil proceedings under Section 120 of the Indian Evidence Act that either the wife or the husband of the party to the dispute is entitled to let in evidence on behalf of the party to the proceedings. Therefore, the Court need not draw adverse inference against the Plaintiff. Husband of the Plaintiff is a competent witness under Section 120 of the …
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… Therefore, there is no merit in the present Writ Appeal. That apart, the appellant cannot rely on Section 120 of the Indian Evidence Act, 1872, to justify in filing of the Writ Petition. Section 120 of the Indian Evidence Act, 1872 reads as under:- > 120. 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 …
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… The agreement of sale is Ex.A.1 and it was prior to the GPA-Ex.A.3 dated 10.06.2002. Therefore, even before the alleged GPA, PW.1 has got knowledge about the transaction and his evidence is independent of the GPA. Under Section 120 of the Indian Evidence Act, a husband and wife are competent to give evidence for or against each other. Therefore, when such is the situation, it is not open to contend that the evidence of PW.1 cannot be looked into and the non-examination of the plaintiff is fatal. <span id="page-1-1"></span><span …
Questions about Section 120
What does Section 120 of the Indian Evidence Act deal with?
Section 120 of the Indian Evidence Act is headed "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.
How do I find court cases under Section 120 of the Indian Evidence Act?
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: IEA 120, section 120 IEA, section 120 of the Indian Evidence Act. 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 120 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 126 (Competency of husband and wife as witnesses in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 120 of the Indian Evidence Act come into force?
Section 120 of the Indian Evidence Act, cited as IEA 120, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.