Communication Between Husband And Wife Is Treated As Privileged If Communication :

All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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38.

Communication Between Husband And Wife Is Treated As Privileged If Communication :

A: Was made during marriage with promise of confidentiality

B: Was made during marriage,even without promise of confidentiality

C: Was made before marriage with promise of confidentiality

D: Is made after marriage

The answer is: B

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Explanation

The correct option is B: Was made during marriage, even without promise of confidentiality.

According to section 122 of the Indian Evidence Act, 1872, any communication made between a husband and a wife during their marriage is treated as privileged, meaning that neither of them can be compelled or permitted to disclose it in a court of law, unless the other spouse consents or the communication is related to a suit or proceeding between them or a crime committed by one against the other. The privilege applies to any communication, whether verbal or written, and regardless of whether it was intended to be confidential or not. The rationale behind this privilege is to protect the sanctity and harmony of the marital relationship and to prevent any harm or distress that may arise from revealing such communication. Therefore, option B is the correct answer.