Principle A spouse is not permitted to put in evidence in any court any communication during marriag...........

Indian Evidence Act (IEA) 1872 Others

Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.

Facts:X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.

X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder

X is not allowed to appear as a witness at all in any court

X is not allowed to appear as a witness to depose what was told by the husband to her, ho wever, she can depose what she saw

X is an independent woman and she can do whatever she wants.

Explanation:

This exception is applicable only for the communication between the husband and wife.
But any other facts the wife or the husband may witness against the other as per the circumstances.
X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw