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 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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