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IEA, 1872
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IEAChapter IXSection 120
Section120

Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial

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Summary

A party to a civil suit, and that party's husband or wife, are competent witnesses in that suit. In criminal proceedings against a person, that person's husband or wife is also competent to give evidence. Being competent means they are legally allowed to be examined as witnesses, subject to other rules of evidence.

Example

Karan is on trial for assault after a street fight. His wife Meera saw what happened; under this rule Meera is a competent witness and may be called to give evidence in the criminal proceedings against Karan.

Bare Act

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

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IX

Chapter IX

Of Witnesses

In this chapter

  • 118Who may testify
  • 119Witness unable to communicate verbally
  • 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
  • 121Judges and Magistrates
  • 122Communications during marriage
  • 123Evidence as to affairs of State
  • 124Official communications
  • 125Information as to commission of offences
  • 126Professional communications
  • 127Section 126 to apply to interpreters, etc
  • 128Privilege not waived by volunteering evidence
  • 129Confidential communications with legal advisers
  • 130Production of title-deeds of witness not a party
  • 131Production of documents or electronic records which another person, having possession, could refuse to produce
  • 132Witness not excused from answering on ground that answer will criminate
  • 133Accomplice
  • 134Number of witnesses
Previous · Section 119Witness unable to communicate verballyNext · Section 121Judges and Magistrates