Section 122 IEA enacts marital privilege. It provides that:
Answer & Solution
Correct answer: A.
1. Section 122 IEA: '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.'
2. Two-tier protection: NOT compelled (privilege of witness) + NOT permitted (privilege of spouse who made the communication).
3. The privilege survives termination of marriage.
4. Exceptions: civil/criminal proceedings between the spouses themselves.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — Indian Evidence Act, Section 122_
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