Question:
Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.
Facts: X, who is the wife of Y, saw her husband (Y) coming out of the neighbour's house at 6:00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.
Facts: X, who is the wife of Y, saw her husband (Y) coming out of the neighbour's house at 6:00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
Facts: X, who is the wife of Y, saw her husband (Y) coming out of the neighbour's house at 6:00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
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Spousal communications during marriage are generally not admissible in court without the consent of the spouse who made them.
Updated On: Aug 14, 2025
- X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder
- X is not allowed to appear as a witness at all in any court
- X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw
- X is an independent woman and she can do whatever she wants
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The Correct Option is C
Solution and Explanation
As per the principle, communication between spouses during the course of their marriage is protected from being used in court without the consent of the person who made the communication. Here, X’s testimony regarding what her husband told her about the murder is protected, as it falls under this category. However, X can testify to what she saw (i.e., observable facts), not to the communication made by her husband. This is consistent with the law that maintains confidentiality of spousal communications during marriage, unless the other spouse consents.
Option (A) is incorrect because spousal communications are protected, and X cannot testify about what was said by her husband. Option (B) is incorrect because X can still testify to what she observed, but not about communications made by her husband. Option (D) is incorrect because X is still bound by the legal protections of marital communication.
Option (A) is incorrect because spousal communications are protected, and X cannot testify about what was said by her husband. Option (B) is incorrect because X can still testify to what she observed, but not about communications made by her husband. Option (D) is incorrect because X is still bound by the legal protections of marital communication.
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