Section 122 IEA: Communications during marriage

Indian Evidence Act, 1872

Section 122 IEA at a Glance

Section 122 IEA deals with communications during marriage. From 1 July 2024 it is replaced by Section 128 BSA.

Now BSA

Section 128 →

Section 122 IEA Bare Act Text

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.

Source: Section 122, Indian Evidence Act, 1872

Section 122 IEA in Simple Words

Section 122 of the Indian Evidence Act, 1872 protects private communications made between spouses during marriage from being revealed in court. A person who is married, or was married earlier, cannot be forced to disclose any communication received during the marriage from a current or former spouse.

Even if the person who received the communication wants to speak about it in court, the court cannot allow disclosure. Disclosure is allowed only if the spouse who made the communication gives consent, or if the representative in interest (a person who legally stands in place of that spouse) gives consent.

The bar under Section 122 IEA has exceptions for disputes between the spouses. The restriction does not apply in suits (civil cases) between married persons, or in proceedings where one married person faces prosecution (a criminal trial) for a crime committed against the other spouse.

When Section 122 IEA Applies

  • 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.

Example of Section 122 IEA

In 2022, during a marriage in Pune, Ramesh tells Anita in a private conversation about a financial debt. Later, a creditor files a civil recovery case against Ramesh and calls Anita as a witness to testify about that conversation. Ramesh does not consent to the disclosure of the conversation. Under Section 122 IEA, the court cannot compel or permit Anita to disclose what Ramesh said about the debt during the marriage.

When Section 122 IEA Does Not Apply

  • The bar on permitting disclosure does not apply if the spouse who made the communication, or the representative in interest of that spouse, consents.
  • Does not apply in civil suits between the married persons.
  • Does not apply in proceedings where one married person faces prosecution for a crime committed against the other spouse.

Section 122 IEA in the BSA

Section 122 IEA is now covered under Section 128 BSA.

Section 122 of the Indian Evidence Act, 1872 became Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 122 vs BSA 128) →

FAQs on Section 122 IEA

What is Section 122 IEA?▼

Section 122 of the Indian Evidence Act, 1872 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 122 IEA still apply after a marriage ends?▼

Yes. Section 122 IEA 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 122 IEA?▼

No. Under Section 122 IEA, 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 122 IEA block evidence when one spouse is prosecuted for a crime against the other spouse?▼

No. Section 122 IEA creates an exception for criminal proceedings where one married person faces prosecution for a crime committed against the other spouse.

What is Section 122 IEA in BSA?▼

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

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·