Section 128 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), in English:
๐ Section 128 โ Communications During Marriage
Text of Section 128:
"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."(myjudix.com)
๐งพ Key Provisions Explained:
Confidentiality of Marital Communications:
This section establishes the principle that communications made between spouses during the course of their marriage are confidential.
Protection from Compulsion:
Neither spouse can be compelled to disclose such communications in legal proceedings.
Permission for Disclosure:
Disclosure of such communications is permitted only if the spouse who made the communication, or their representative, consents.(thelawadvice.com)
Exceptions:
The confidentiality does not apply in the following cases:
Suits between married persons: Legal actions taken by one spouse against the other.
Criminal proceedings: Cases where one spouse is prosecuted for a crime committed against the other.
โ๏ธ Significance of Section 128:
Preservation of Marital Privacy:
This provision safeguards the privacy of communications between spouses, fostering trust and openness within the marriage.
Encouragement of Honest Communication:
By ensuring that marital communications cannot be disclosed without consent, spouses are more likely to communicate honestly, knowing their privacy is protected.
Balancing Legal Interests:
While protecting marital confidentiality, the section also recognizes situations where disclosure is necessary, such as in cases of legal disputes or criminal proceedings between spouses.
๐งโโ๏ธ Illustrative Example:
Scenario:
Ravi and Sita are married. During their marriage, Ravi confides in Sita about a personal matter. Later, they divorce, and Ravi is involved in a legal dispute with Sita. Ravi wishes to use the communication made to Sita as evidence in the legal proceedings.
Application of Section 128:
Ravi cannot compel Sita to disclose the communication unless Sita consents to it. The confidentiality of the communication is protected under Section 128, and Ravi must seek Sita's permission to use the communication as evidence.
๐ Summary:
| Aspect | Provision |
|---|---|
| Confidentiality | Communications between spouses during marriage are confidential. |
| Protection from Compulsion | Neither spouse can be compelled to disclose such communications. |
| Permission for Disclosure | Disclosure is allowed only with the consent of the spouse who made the communication. |
| Exceptions | Does not apply in suits between married persons or criminal proceedings where one spouse is prosecuted for a crime committed against the other. |
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