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Under Indian evidence law, a husband or wife is a competent witness for or against the other in which proceedings?

Question and options

Under Indian evidence law, a husband or wife is a competent witness for or against the other in which proceedings?

  1. Civil proceedings only

  2. Criminal proceedings only

  3. Both civil and criminal proceedings

  4. Neither civil nor criminal proceedings

Answer and explanation

Correct answer: C - Both civil and criminal proceedings

Section 126 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) recognises competency in civil proceedings and in criminal proceedings against a spouse. Competency is distinct from the marital-communications privilege in section 128; being a competent witness does not make every communication admissible.

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