Communications during marriage.
What this section does
A person who is or has been married cannot be compelled to disclose, and shall not be permitted to disclose, any communication made to them during marriage by their spouse, unless the communicating spouse or their representative consents. Exceptions exist for suits between married persons and for criminal proceedings where one spouse is prosecuted for a crime against the other.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Marital communications are privileged and cannot be disclosed without the consent of the communicating spouse, subject to limited exceptions.
When it applies
- A wife cannot be compelled to reveal a confidential admission made by her husband during marriage in a third-party civil suit against him.
- In a criminal trial where a husband is accused of cruelty against his wife, the wife may disclose communications made during the marriage.
Derived from IEA s.122.
Read the official text
For the binding statutory text of BSA Section 128, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 128 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.