IEA §120 → BSA §126
Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
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Comparison
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 against any person, the husband or wife of such person, respectively, shall be a competent witness.
126.
(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.
What changedAI-inferred
Parties to civil suit, and their wives or husbands; husband or wife of person under criminal trial.
Old position
IEA 120 is concerned with Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial. Parties to civil suit, and their wives or husbands
New position
BSA 126 preserves the framework with drafting modernisations as required by the new code. Topic: Competency of husband and wife as witnesses in.. In all civil proceedings the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses
BSA 126 (Competency of husband and wife as witnesses in.) preserves the framework of IEA 120. BSA 126 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 126 text: In all civil proceedings the...
Editorial deltaAI-indicated (source-linked)
BSA 126 (Competency of husband and wife as witnesses in.) preserves the framework of IEA 120. BSA 126 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 126 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.(2) In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 120 continues to apply. For matters from that date forward, BSA 126 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 126 (Competency of husband and wife as witnesses in.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §120 → BSA §126 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/120.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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