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Report No. 185

Section 120

We agree that, as recommended in para 61.17, the following proviso be added below section 120:

"Provided that the spouse of the accused in a criminal prosecution shall not be compelled to give evidence in such prosecution except to prove the fact of marriage unles.-

(a) such spouse and the accused shall both consent, or

(b) such spouse is the complainant or is the person at whose instance the first information of the offence was recorded, or

(c) the accused is charged with an offence against such spouse or a child of the accused or a child of the spouse, or a child to whom the accused or such spouse stands in the position of a parent."

Section 121

We leave section 121 as it is.

Review of the Indian Evidence Act, 1872 Back

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