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

CHAPTER IX OF WITNESSES

General

Summary

Sub-section (1) states that in all civil proceedings, the people who are parties to the suit are competent witnesses, and so are the husbands or wives of any party to the suit. This means both the people directly involved in the case and their spouses are allowed to give evidence.

Sub-section (2) states that in criminal proceedings against any person, the husband or wife of that person is a competent witness. This means a spouse can testify in a criminal case where their partner is the accused.

Official Text

(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 <-> New Code Mapping

  • IEA §120 — Competency of husband and wife as witnesses in certain cases