IEA Section 120 — Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial

Summary

In a civil case, anyone who is a party to the lawsuit, as well as that person’s husband or wife, is allowed to testify as a witness. In a criminal case, the husband or wife of the person on trial is also allowed to be a witness.

Official 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.

Related Judgments

• NILIMA DAS GUPTA (DECEASED) THROUGH ITS LRS. vs ON THE DEATH OF ABDUR ROUF HIS LEGAL HEIRS & ORS — Supreme Court of India (2025)
• MOHAMMED ABDUL WAHID vs NILOFER & ANR — Supreme Court of India (2023)
• Smt. Niva Ghosh & Ors. vs Sri Bijoy Kumar Das & Ors., Mr. Debjit Mukherjee,, Ms. Susmita Chatter — Calcutta High Court (Kolkata Principal Seat) (2023)

Old <-> New Code Mapping

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