Under section 122 of the Indian Evidence Act Person disclosing any information to his/her partner during the subsisting marriage, such person cannot be compelled to disclose such information before the court except in three conditions:
- When the person who made such communication or his/her representative gives their consent to other partner for disclosing such communication made during the marriage.
- When the suit is between the married partners itself.
- When the married partner is party of the proceeding for committing the crime against the other partner.
The reason behind this principle is that the sacred relationship of marriage is build on believe and the mutual confidence. If the partner will disclose the communication under compulsion and without the consent of his/her partner, this will hamper the peace of the families and create domestic broils. Thereby no court relaxes the object of this section.
The protection under this section is limited to the communication made during the marriage or even after the dissolution of marriage the communication which was made during the marriage is still protected. But the communications made before or after the marriage are not protected under this section.
EXCEPTION OF SECTION 122
- ACT APART FROM COMMUNICATION: the act or conducts of his/her are not protected under this section. Eg a wife can be asked in court for the conduct of her husband on certain day.
- WAIVER OF THE PRIVILEGE: communication can be disclosed when the person who made such communication waive the privilege given under section 122.
- SUIT OR CRIMINAL PROCEEDING BETWEEN THE TWO SPOUSES: the privilege of this section will not be applicable when the proceeding is between the spouses itself.
- COMMUNICATION MADE BEFORE OR AFTER THE DISSOLUTION OF MARRIAGE IS NOT PROTECTED UNDER THIS SECTION.
- PROOF OF COMMUINCATION BY THIRD PERSON: communication heard by third person or taking place before him is admissible.