Question

Communication between husband and wife is treated as privileged if communication:

• A. Was made during marriage with promise of confidentiality;
• B. Was made during marriage, even without promise of confidentiality;
• C. Was made before marriage with promise of confidentiality;
• D. Is made after marriage;

Hint:

Under Section 122 of the Indian Evidence Act, communications between spouses during marriage are privileged and cannot be disclosed in court without consent.

Answer 1

The Correct Option is B

Step 1: Understanding Privileged Communications:
Under Section 122 of the Indian Evidence Act, communications made between husband and wife during marriage are considered privileged. Such communications cannot be disclosed in court without the consent of the person who made them, even if there was no explicit promise of confidentiality.
Step 2: Detailed Explanation of the Options:
- (A) Was made during marriage with promise of confidentiality: Incorrect, as confidentiality is implied by law and not dependent on an explicit promise.
- (B) Was made during marriage, even without promise of confidentiality: This is the correct answer. The law automatically grants privilege to all communications made during marriage.
- (C) Was made before marriage with promise of confidentiality: Incorrect, as privilege applies only to communications made during marriage.
- (D) Is made after marriage: Incorrect, as privilege applies only to communications during marriage, not after its dissolution.
Step 3: Final Conclusion:
The correct answer is (B), as all communications made between husband and wife during marriage are privileged, regardless of any express promise of confidentiality.