Communications During marriage
AI Assist
Summary
Communications made between spouses during marriage are privileged: a current or former spouse cannot be forced or allowed to disclose them without the consent of the person who made the communication or that person’s representative. The privilege does not apply in suits between the spouses, or in prosecutions where one spouse is charged with a crime against the other.
Example
Rohan is asked to hand over private messages his wife sent him while they were married. He cannot be forced to disclose them unless his wife or her legal representative agrees. If Rohan and his wife are in a divorce suit, or she has charged him with a crime against her, the messages can be admitted.
Bare Act
Enacted textNo person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.
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