What is Section 128 BSA?

Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that protects communications made between spouses during marriage from being disclosed in court. It stops a current or former spouse from being forced or allowed to reveal such communications, unless consent is given or a listed exception applies.

Does Section 128 BSA still apply after a marriage ends?

Yes. Section 128 BSA covers any person who has been married, as long as the communication was made during the marriage.

Can a spouse voluntarily reveal a marital communication in court under Section 128 BSA?

No. Under Section 128 BSA, a spouse is not permitted to disclose a communication made during marriage unless the spouse who made it, or the representative in interest of that spouse, consents. The only other exceptions are suits between the spouses or prosecutions for a crime committed by one spouse against the other.

Does Section 128 BSA block evidence when one spouse is prosecuted for a crime against the other spouse?

No. Section 128 BSA creates an exception for criminal proceedings where one married person faces prosecution for a crime committed against the other spouse.

What is Section 128 BSA in IEA?

Section 122 IEA. Section 128 BSA replaced Section 122 IEA on 1 July 2024 without any change in wording.

IEA 122 Is Now BSA 128: Communications During Marriage

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	122	128
Heading	Communications during marriage	Same

IEA 122 and BSA 128: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 122, IEA 1872

122. Communications during marriage.—No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

BSA 2023 (in force)

Section 128, BSA 2023

128. Communications during marriage.—No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

When It Applies: IEA 122 vs BSA 128

Under IEA 122

Applies to any person who is currently married or was married in the past.
Covers any communication made to that person during the marriage by a current or former spouse.
Stops the recipient spouse from being forced to disclose the communication, and stops the recipient spouse from voluntarily disclosing it without consent.

Under BSA 128

Applies to any person who is currently married or was married in the past.
Covers any communication made to that person during the marriage by a current or former spouse.
Stops the recipient spouse from being forced to disclose the communication, and stops the recipient spouse from voluntarily disclosing it without consent.

What IEA 122 to BSA 128 Means in Practice

Section 122 IEA became Section 128 BSA on 1 July 2024 without any change in wording. The same rule on marital communications applies, and a person in court should cite Section 128 BSA for matters governed by the BSA.

IEA 122 to BSA 128: Communications during marriage

IEA 122 to BSA 128 at a Glance

What Changed From IEA 122 to BSA 128?

IEA 122 vs BSA 128: Comparison Table

IEA 122 and BSA 128: Bare Act Text Side by Side

When It Applies: IEA 122 vs BSA 128

What IEA 122 to BSA 128 Means in Practice