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IEA, 1872
Start Practicing
IEAChapter IXSection 122
Section122

Communications during marriage

AI Assist

Summary

Communications made between spouses during marriage are privileged: a married or formerly married person cannot be forced or permitted to disclose what their spouse told them without that spouse's consent. The protection covers communications made during the marriage and continues after it ends. Exception: in suits between the spouses or in prosecutions where one spouse is accused of a crime against the other, the privilege does not prevent disclosure.

Example

Meera told Ravi during their marriage that she had hidden a bank account and asked him not to tell. When Meera later sues Ravi in a suit between them over property, Ravi may be allowed or compelled to disclose that communication. If a neighbour sues Ravi in a separate case, he cannot reveal it without Meera's consent.

Bare Act

Enacted text

No 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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IX

Chapter IX

Of Witnesses

In this chapter

  • 118Who may testify
  • 119Witness unable to communicate verbally
  • 120Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
  • 121Judges and Magistrates
  • 122Communications during marriage
  • 123Evidence as to affairs of State
  • 124Official communications
  • 125Information as to commission of offences
  • 126Professional communications
  • 127Section 126 to apply to interpreters, etc
  • 128Privilege not waived by volunteering evidence
  • 129Confidential communications with legal advisers
  • 130Production of title-deeds of witness not a party
  • 131Production of documents or electronic records which another person, having possession, could refuse to produce
  • 132Witness not excused from answering on ground that answer will criminate
  • 133Accomplice
  • 134Number of witnesses
Previous · Section 121Judges and MagistratesNext · Section 123Evidence as to affairs of State