Facts of the Case
A crime has been committed, and the accused husband was allegedly involved in its commission. Soon after the occurrence of the offence, the husband was seen washing blood-stained clothes. This act was personally witnessed by his wife inside the matrimonial home.
During the criminal trial, the prosecution proposes to examine the wife of the accused as a witness in order to prove:
- The conduct of the accused after the commission of the offence, and
- The fact that the clothes worn by him were blood-stained and were being washed to remove evidence.
The defence objects to the examination of the wife on the ground of marital privilege, contending that such testimony is barred under the Indian Evidence Act, 1872.
Issues in the Case
- Whether the wife of the accused is a competent witness in a criminal trial against her husband?
- Whether the act seen by the wife amounts to a “marital communication” protected under the Evidence Act?
- Whether the prosecution is legally permitted to produce the wife of the accused to prove what she saw?
- What is the evidentiary value of such testimony?
Legal Principles Covered to Support Case Proceedings and Judgments
A. Competency of Witness – Section 118
Under Section 118 of the Indian Evidence Act, 1872, all persons are competent to testify unless they are incapable of understanding questions or giving rational answers.
A wife is a competent witness and is not disqualified merely because she is married to the accused.
B. Spouse as Witness – Section 120
Section 120 expressly provides that:
In all civil proceedings, spouses are competent witnesses, and
In criminal proceedings, a husband or wife of the accused is a competent witness.
Thus, there is no absolute bar on examining the wife of an accused person.
C. Marital Communications Privilege – Section 122
Section 122 protects confidential communications made between husband and wife during marriage.
However, the protection applies only to communications, not to:
- Acts,
- Conduct, or
- Facts observed by the spouse.
In the present case:
- The wife is not being asked to disclose any statement made by the husband,
- She is being examined only to prove what she personally saw — the act of washing blood-stained clothes.
Hence, Section 122 does not apply.
D. Conduct of the Accused – Section 8
Under Section 8, the conduct of an accused after the commission of an offence is relevant.
Washing blood-stained clothes is:
- A subsequent conduct,
- Indicative of consciousness of guilt, and
- A relevant fact which may be proved through any competent witness.
The wife, having directly witnessed such conduct, is a valid and relevant witness.
E. Judicial Position
Indian courts have consistently held that:
- A spouse may testify to facts seen or heard,
- Marital privilege is limited strictly to confidential communications, and
- Acts done openly, even in the presence of a spouse, are not privileged.
Possible Judgment
The Court is likely to hold that:
- The wife of the accused is a competent witness under Sections 118 and 120 of the Indian Evidence Act, 1872.
- The evidence sought to be adduced relates to an act observed by her, not a confidential marital communication.
- Therefore, Section 122 does not bar such testimony.
- The act of washing blood-stained clothes constitutes relevant conduct under Section 8 and may be lawfully proved through the wife’s evidence.
Final Decision
It is legally permissible for the prosecution to examine the wife of the accused to prove what she saw. Her testimony is admissible and relevant, and its evidentiary weight will depend upon credibility and corroboration.
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