What Is BSA Section 128?

Bhartiya Sakshya Adhiniyam, 2023 - Section 128: Communications during marriage.

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.

Brefe Detail

This section outlines the confidentiality of communications between married individuals. It states that neither party can be compelled to disclose such communications during the marriage unless consent is given, with exceptions for suits between married couples or criminal proceedings involving one spouse against the other.

Question & Answers

What does Section 128 state about communications during marriage?

Section 128 states that no person who is or has been married can be compelled to disclose communications made during the marriage unless the other party consents.

Are there any exceptions to this rule?

Yes, exceptions exist in cases of suits between married persons or criminal proceedings where one spouse is prosecuted for a crime against the other.

Can a married person disclose communications without consent?

No, a married person cannot disclose such communications unless the person who made them or their representative consents.

Example

• If Spouse A shares a personal concern with Spouse B during their marriage, Spouse B cannot be forced to disclose that conversation in a court of law without Spouse A's consent.
• In a case where one spouse is accused of domestic violence, the other spouse can testify about any relevant communications that occurred during their marriage.

Summary

Section 128 of the Bhartiya Sakshya Adhiniyam, 2023, emphasizes the privacy of communications between married individuals, allowing disclosure only with consent, except in specific legal contexts involving marital disputes or criminal charges.