Admissibility of the evidence under Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 has to be…

Under section 128 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 122 of the Indian Evidence Act, 1872), the relevant marital status is the status when the communication was made. Protection for a communication made during marriage can continue after the marriage ends, so the dates of tendering it or giving evidence do not replace that test. Disclosure remains subject to consent and the statutory exceptions for disputes or offences between spouses.