Indian Evidence Act, 1872
IEA Section 122 in BSA
Communications during marriage. Section 122 of the Indian Evidence Act, 1872 (Communications during marriage) corresponds to Section 128 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Communications during marriage are protected from disclosure. The privilege belongs to:
Answer & explanation
The spouse who made it; the witness alone cannot waive it
BSA Section 128 corresponds to IEA Section 122. No person who is or has been married shall be compelled to disclose such a communication unless the person who made it, or his representative in interest, consents.
Communications during marriage are privileged, and the privilege survives:
Answer & explanation
The dissolution of the marriage or the death of a spouse
§ 128 BSA. The privilege belongs to the spouse who made the communication.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 119 | Witness unable to communicate verbally | 125 |
| 120 | Parties to civil suit and their wives or husbands as witnesses | 126 |
| 121 | Judges and Magistrates | 127 |
| 123 | Evidence as to affairs of State | 129 |
| 124 | Official communications | 130 |
| 126 | Professional communications | 132 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table