Facts of the case

A, who is an accused person in a criminal case, disclosed certain important information related to the alleged crime to his wife while their marriage was still subsisting.
During investigation and trial, the prosecution attempted to compel A’s wife to testify regarding the confidential information disclosed to her by her husband.
The wife refuses, claiming privilege under the Indian Evidence Act.

Issues in the case

1. Whether the wife of an accused person can be legally compelled to testify against her husband regarding communications made during marriage.
2. Whether communications between spouses are admissible in court.
3. What specific privilege the wife has under the Indian Evidence Act, 1872.

Legal principles covered

A. Spousal privilege under Section 122 – Indian Evidence Act, 1872

Section 122 clearly states:

• No person who is or has been married shall be compelled to disclose any communication made to them by their spouse during the marriage.
• Such communications are privileged, and cannot be disclosed in evidence, except with the consent of the spouse who made the communication.

Key elements of Section 122:

1. The privilege applies to husband–wife communications.
2. The communication must be made during the subsistence of a valid marriage.
3. The privilege is available even after the marriage has ended (e.g., divorce or death).
4. The privilege protects only communications, not acts or conduct.
5. Such communications cannot be disclosed even in criminal proceedings, unless the spouse consents.

Thus, the prosecution cannot force the wife to testify about her husband’s confidential statements.

B. Rationale behind spousal privilege

The purpose of Section 122 is to preserve marital harmony and protect the confidentiality of marital communications.
Law recognises that forcing spouses to testify against each other would destroy trust and weaken the marital bond.

C. Relevant case law principles

Courts have consistently held that:

• Spousal communications are strictly confidential.
• Compulsion to testify about such communications is prohibited.
• The privilege belongs to the spouse who made the communication (the accused husband, in this case).

Possible judgement

The court is likely to hold:

1. The wife’s testimony cannot be compelled, as it violates Section 122 of the Indian Evidence Act.
2. Any confidential communication made by A (the accused) to his wife during marriage is privileged and inadmissible as evidence, unless A gives express consent—which he has not given.
3. The prosecution’s attempt to force the wife to testify is illegal and contrary to the Evidence Act.
4. Therefore, the court would uphold the wife’s privilege and exclude her testimony regarding the confidential communication.

About lawgnan

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