Section 126 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

๐Ÿ“œ Section 126 of the Bharatiya Sakshya Adhiniyam, 2023

Provision:
Competency of husband and wife as witnesses in certain cases

Text:

In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.(taxguru.in)

In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.(thelawadvice.com)

๐Ÿ” Detailed Explanation

1. What does this section mean?

Section 126 of the Bharatiya Sakshya Adhiniyam, 2023, outlines the competency of spouses as witnesses in both civil and criminal proceedings.

Civil Proceedings: In civil cases, both the parties involved in the suit and their respective spouses are considered competent to testify. This means that a husband or wife can be called upon to provide evidence in a civil case, even if they are not directly involved in the dispute.(scribd.com)

Criminal Proceedings: In criminal cases, the spouse of the accused person is also deemed a competent witness. This provision ensures that the spouse can testify in cases where their testimony may be crucial, even if it involves the person they are married to.(scribd.com)

2. Why is this important?

Inclusivity in Legal Proceedings: This section broadens the scope of who can be called as a witness, recognizing the potential value of a spouse's testimony in both civil and criminal matters.

Consistency with Modern Legal Practices: By allowing spouses to testify, the law aligns with contemporary practices that acknowledge the importance of all relevant evidence in legal proceedings.(scribd.com)

Potential for Comprehensive Evidence: Spouses often have unique insights or information pertinent to a case, and this provision ensures that such information can be presented in court.

3. Limitations and Considerations

Voluntary Testimony: While spouses are competent to testify, they are not necessarily compelled to do so. The decision to testify remains at their discretion, subject to legal obligations and protections.

Legal Protections: In certain jurisdictions, there may be legal protections that prevent spouses from being compelled to testify against each other, particularly in criminal cases. These protections aim to preserve marital confidentiality and trust.

๐Ÿงพ Example

In a civil property dispute, Person A and Person B are the primary parties. If Person A's spouse has relevant information regarding the ownership or transfer of the property, they can be called to testify, even though they are not a direct party to the suit. Similarly, in a criminal case where the accused's spouse has pertinent information about the alleged crime, they can be considered a competent witness and may be called to testify.(scribd.com)

โš–๏ธ Summary

Civil Cases: Spouses of the parties involved are competent witnesses.

Criminal Cases: Spouses of the accused are competent witnesses.(scribd.com)

Objective: To ensure that all relevant evidence, including that from spouses, can be considered in legal proceedings.

 

LEAVE A COMMENT

0 comments