Indian Evidence Act, 1872 · Chapter IX: Of Witnesses
Section 122: Communications during marriage
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 122
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Vibhor Garg v. Neha
Issue arose whether the conversation between spouses secretly recorded by one of them could be permitted to be made admissible in evidence; whether in light of the Evidence Act and the Family Courts Act, 1984, a…
- Supriyo @ Supriya Chakraborty & Anr. v. Union
- Google India Private Limited v. M/S. Visakha Industries