Section 120 of IEA : Section 120: Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.
IEA
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Explanation using Example
Example 1:
Scenario: A civil dispute over property ownership.
Details: Raj and Priya are in a legal battle over a piece of land. Raj claims that the land belongs to him, while Priya asserts that it was gifted to her by her late father. During the trial, both Raj and Priya are allowed to testify as witnesses. Additionally, Raj's wife, Anjali, and Priya's husband, Suresh, can also be called to the stand to provide their testimonies regarding the ownership and any relevant transactions or communications they witnessed.
Application: According to Section 120 of The Indian Evidence Act 1872, in this civil proceeding, Raj, Priya, Anjali, and Suresh are all competent witnesses and can provide evidence to support their respective claims.
Example 2:
Scenario: A criminal case involving theft.
Details: Sunil is accused of stealing jewelry from a neighbor's house. During the criminal trial, the prosecution calls Sunil's wife, Meera, to testify. Meera witnessed Sunil returning home with the stolen jewelry and hiding it in their house. Despite being Sunil's wife, Meera is considered a competent witness and can provide crucial evidence in the case.
Application: According to Section 120 of The Indian Evidence Act 1872, in this criminal proceeding, Meera, as the wife of the accused Sunil, is a competent witness and her testimony is admissible in court.