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Q122 (CISF/2019) Polity & Governance › Judiciary

Privileged communication between husband and wife can be admitted as evidence in a

Explanation

Section 122 of the Indian Evidence Act, 1872 (and Section 128 of the Bharatiya Sakshya Adhiniyam, 2023) protects privileged communications between spouses. It states that communications made during marriage are confidential and cannot be disclosed in court without the consent of the person who made them.

However, there are two primary exceptions where this privilege does not apply:

  • In suits between married persons (civil cases).
  • In proceedings where one spouse is prosecuted for a crime committed against the other.

A matrimonial dispute is a suit between married persons; therefore, privileged communication can be admitted as evidence. In options A, B, and D, the privilege remains intact because the crimes (murder of a third party, embezzlement, or sedition) are not committed against the spouse, nor are they civil suits between the couple.

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