Section 122 of IEA : Section 122: Communications during marriage

Explanation using Example

Example 1:

Ravi and Priya are a married couple. During their marriage, Ravi confides in Priya that he has been hiding some financial assets from the tax authorities. Later, they get divorced, and Ravi is under investigation for tax evasion. The investigators approach Priya to testify against Ravi and disclose the information he shared with her during their marriage. According to Section 122 of The Indian Evidence Act 1872, Priya cannot be compelled to disclose this communication unless Ravi consents to it.

Example 2:

Anita and Raj are married. During their marriage, Raj tells Anita that he has committed a theft. Later, Anita files for divorce, and during the divorce proceedings, she wants to disclose Raj's confession to strengthen her case. According to Section 122 of The Indian Evidence Act 1872, Anita cannot disclose this communication without Raj's consent. However, if Anita files a criminal case against Raj for the theft, she may be allowed to disclose the communication as it falls under the exception of proceedings in which one married person is prosecuted for a crime committed against the other.