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deepak dandotiya (lawyer)     18 April 2012

Interpritation of sectiopn 120 indian evidence act

can anyone give me interpritational view of section 120 of indian evidence act?



 1 Replies

srishti jain   29 July 2021

As per your query,

Section 120 of Indian Evidence Act, 1872 reads:

In all civil proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness.

In civil proceedings, husbands and wives are competent witnesses for or against each other in civil as well as criminal proceedings. Their testimony is to be scrutinized in the same manner as that of any other witness.

In Aidan V State of Rajasthan, the court held that the truthfulness of the statement of a wife could not be disbelieved merely because her emotional reaction was different from what it should have been. 

Hope it helps,

Regards,

Srishti


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