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

In a civil suit for recovery of money, the defendant Meera wants to call her husband Suresh, who is not a party, as her witness. Under Section 126 of the Bharatiya Sakshya Adhiniyam, 2023, what is the position?

Suresh is a competent witness. Section 126(1) states that in all civil proceedings the parties to the suit, and the husband or wife of any party, are competent witnesses, without any requirement of consent from the opposite side.

  1. ASuresh is competent, as the husband or wife of a party is a competent witness in civil proceedingsCorrect
  2. BSuresh is competent only if the plaintiff consents
  3. CSuresh is incompetent because of the marital relationship
  4. DSuresh is competent only to testify about communications made during marriage

Explanation

Section 126(1) provides that in all civil proceedings the parties and the husband or wife of any party are competent witnesses. No consent of the other side is needed, and the section places no limit to marital communications. Hence option A is correct.

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