The Bharatiya Sakshya Adhiniyam, 2023

§126 — Competency of husband and wife as witnesses in certain cases

(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.

Old law ⇄ new law

Renumberedold law ⇄ new law

Old lawIEA §120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial New lawBSA §126Competency of husband and wife as witnesses in certain cases

IEA §120 → BSA §126 per the official NCRB Sankalan table.

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Source & version

Official text: Gazette of India via MHA (official) ↗

Official Gazette text: The Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250882_english_01042024_0.pdf). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest gazette-bbox parser on 2026-07-14. Automated parse; structural validation + spot verification; full clause-level proofread pending.

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