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Report No. 185

69. Amendment of section 120.-

In section 120 of the principal Act , the following proviso shall be inserted at the end, namely:-

"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."

Review of the Indian Evidence Act, 1872 Back

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