Section 128: Communications during marriage

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 14 of our papers cite Section 128. Try these from the free papers:

1. 1. During their marriage, H tells his wife W that he has killed Z. H and W are later divorced. At H's trial for the murder of Z, the prosecution calls W to disclose what H told her. H does not consent. Under Section 128 of the BSA, W:

   A.may be compelled to disclose it, because the communication relates to the crime chargedB.may disclose it, because the privilege ends when the marriage is dissolved by divorceC.may disclose it, because the privilege does not apply in prosecutions for murderD.cannot disclose it, as the bar covers a person who is or has been married
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2. 2. Consider the following statements regarding communications during marriage under Section 128 of the BSA: 1. The protection does not apply in proceedings in which one married person is prosecuted for any crime committed against the other. 2. A communication made during marriage may be disclosed if the person who made it, or his representative in interest, consents. 3. The protection extends to communications made by one spouse to the other before their marriage. Which of the statements given above is/are correct?

   A.1 and 3 onlyB.1 and 2 onlyC.2 and 3 onlyD.1, 2 and 3
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