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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Anita is prosecuted in a criminal case. The prosecution proposes to examine her husband Kiran as a witness. Under Section 126(2) of the Bharatiya Sakshya Adhiniyam, 2023, which statement is correct?

Kiran is a competent witness. Section 126(2) provides that in criminal proceedings against any person, the husband or wife of that person is a competent witness, and it adds no condition of consent or restriction to the defence side.

  1. AKiran is competent as a witness in the criminal proceedings against AnitaCorrect
  2. BKiran is competent only for the defence
  3. CKiran cannot be examined unless Anita consents
  4. DKiran is competent only if the offence was against him

Explanation

Section 126(2) says that in criminal proceedings against any person, the husband or wife of such person shall be a competent witness. The text does not restrict this to the defence or require consent or a particular offence. Options B, C and D add conditions not found in the text.

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