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

Explanation using Example

Example 1:

Scenario: A Civil Dispute Over Property

Situation: Raj and Priya are involved in a civil lawsuit over the ownership of a piece of land. Raj claims that the land was gifted to him by his late father, while Priya argues that the land was jointly purchased by both of them.

Application of Section 126:

• Raj can testify in court to provide evidence supporting his claim that the land was gifted to him.
• Priya can also testify to provide evidence supporting her claim that the land was jointly purchased.
• Additionally, Raj's wife, Anjali, can be called as a witness to testify about any relevant conversations or documents she might have seen regarding the land.
• Similarly, Priya's husband, Amit, can be called as a witness to testify about any relevant information he might have regarding the purchase of the land.

Example 2:

Scenario: A Criminal Case of Domestic Violence

Situation: Sunita has filed a criminal complaint against her husband, Ramesh, accusing him of domestic violence. Ramesh denies the allegations and claims that Sunita is making false accusations.

Application of Section 126:

• In the criminal proceedings against Ramesh, Sunita can be called as a witness to testify about the incidents of domestic violence she experienced.
• Ramesh can also testify in his own defense to deny the allegations and provide his side of the story.
• Additionally, if there are any relevant incidents or conversations that Ramesh's wife, Sunita, witnessed, she can be called to testify about those as well.
• Similarly, if there are any relevant incidents or conversations that Sunita's husband, Ramesh, witnessed, he can be called to testify about those as well.