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Indian Evidence Act, 1872

IEA Section 122 in BSA

§ 122 IEA→§ 128 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.

Where to find it: BSA, Chapter IX

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.

Where to find it: Chapter IX — Privileged Communications

Sections either side of it

How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:

IEAProvisionBSA
119Witness unable to communicate verbally125
120Parties to civil suit and their wives or husbands as witnesses126
121Judges and Magistrates127
123Evidence as to affairs of State129
124Official communications130
126Professional communications132

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