Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Privileged Communications: Spousal Privilege (Section 122 IEA / Section 128 BSA)
Evidentiary Rules & Proof Standards
Definition
The legal protection preventing a married person from being compelled (or permitted without consent) to disclose any communication made to them during marriage by their spouse, which survives even after divorce or death.
Example
In Ram Bharose v. State of U.P., the Supreme Court held that while a wife cannot be permitted to disclose what her husband whispered to her in bed regarding a robbery, her observation of his conduct (seeing him return with bloodstained clothes and hiding them) is not privileged.