Site navigation

A sees her husband kill B. When he is tried for B’s murder, A is called to describe what she personally saw. Under the Bharatiya Sakshya Adhiniyam, 2023, how does the marital relationship affect her…

Question and options

A sees her husband kill B. When he is tried for B’s murder, A is called to describe what she personally saw. Under the Bharatiya Sakshya Adhiniyam, 2023, how does the marital relationship affect her evidence?

  1. She may testify about what she saw only with special leave of the court.

  2. She cannot testify about what she saw against her husband.

  3. She may testify about what she saw only with her husband’s consent.

  4. She may testify about what she saw without her husband’s consent.

Answer and explanation

Correct answer: D - She may testify about what she saw without her husband’s consent.

Under section 126 of the Bharatiya Sakshya Adhiniyam, 2023, the wife of an accused person is a competent witness, and no consent of the husband or leave of the court is needed for her to testify. Section 128 protects only communications made between spouses during the marriage; what A personally saw is not a communication, so she may describe it.

Practice for these exams

Related question papers

Related exam syllabi

More solved explanations in Witnesses - competency, privilege & accomplices