Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 deals with competency of husband and wife as witnesses in certain cases. It replaces Evidence Act 120 of the Indian Evidence Act, 1872.
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.
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