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During their marriage, a husband tells his wife privately that he killed a third person. At his trial…

Section 128 protects communications between spouses during marriage. The recipient spouse generally may disclose them with the maker’s or representative’s consent, in suits…

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During their marriage, a husband tells his wife privately that he killed a third person. At his trial for that killing, neither he nor his representative in interest consents to disclosure. Under the Bharatiya Sakshya Adhiniyam, 2023, how should the court treat the wife’s testimony about his words?

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Answer and explanation

Correct answer A

Section 128 protects communications between spouses during marriage. The recipient spouse generally may disclose them with the maker’s or representative’s consent, in suits between spouses, or in a prosecution for a crime by one against the other.

The charge here concerns a third person, and consent is absent. The wife is a competent witness under section 126(2), but section 128 bars her from disclosing this communication.

Option feedback

Option A

Section 128 protects the communication on the stated facts.

Option B

A prosecution for a crime against the other spouse is an exception. A prosecution for killing a third person does not satisfy it.

Option C

Voluntary testimony does not supply the communicating spouse’s consent.

Option D

Section 126(2) recognizes a spouse’s competence. Section 128 applies to the protected communication.

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