Section 122 of the Indian Evidence Act establishes a privilege concern…

Question

Section 122 of the Indian Evidence Act establishes a privilege concerning **communications during marriage**. Which of the following best describes the protection?

Accepted Answer

B. {'text': 'Communications between husband and wife during marriage are privileged and the disclosure cannot be enforced; the privilege is grounded in domestic peace and confidence between the married couple', 'label': 'B'}

1. Section 122 of the Act privileges **communications between husband and wife during marriage**.
2. The lesson states the rule's rationale: "**domestic peace and confidence** between the married couple".
3. The privilege has two limbs: (i) a witness-spouse cannot be compelled to disclose; (ii) the other spouse can object to such disclosure.
4. Blood-relation, postal and friendship privileges are not recognised under the Act.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._

Answer

{'text': 'All communications between any two persons related by blood are absolutely privileged from disclosure in every judicial proceeding regardless of any other circumstance under any Indian law', 'label': 'A'}

Answer

{'text': 'All correspondence routed through any postal authority of any kind is absolutely privileged from disclosure in every judicial proceeding regardless of any other circumstance under any Indian law', 'label': 'C'}

Answer

{'text': 'All communications between any two persons claiming any form of friendship of any nature are absolutely privileged from disclosure in every judicial proceeding regardless of any other circumstance under any Indian law', 'label': 'D'}