Communications during marriage
Section 122 of the Indian Evidence Act, 1872 deals with communications during marriage. No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.
Section 122, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 128 Communications during marriage Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Supriyo @ Supriya Chakraborty vs Union Of India
Court's Decision & Legal Precedent
The Supreme Court held that while there is no fundamental right to marry under the Indian Constitution, LGBTQ+ persons have a constitutional right to enter into abiding cohabitational relationships grounded in Articles 14, 15, 19, 21, and 25. The Special Marriage Act 1954 cannot be read down to permit same-sex marriages due to semantic impossibilities and interconnected gendered provisions. The Court recognized that existing laws create indirect discriminatory impact on queer couples by denying them access to spousal benefits in employment, succession, adoption, and taxation. The Court declined to issue directions for marriage equality, finding such matters require comprehensive parliamentary action. Instead, the Court directed the Union Government to constitute a high-powered committee to examine the discriminatory impact of existing laws and regulations on same-sex couples and recommend appropriate remedies. Transgender persons in heterosexual relationships can marry under existing laws through harmonious interpretation with the Transgender Persons Act.
On this section: Provides privilege for marital communications; demonstrates legal consequences of marriage recognition
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… institution of marriage is crucial to "individual <span id="page-120-0"></span><sup>136</sup> Section 2(c ) of the Provident Funds Act 1925 defines a dependent to include a wife or a husband. Section 3 of the Act stipulates that the sum standing to the credit of any subscriber shall be paid to any dependent. 137 Section 122 of the Indian Evidence Act 1872 states that no person who is or has been married shall be compelled <span id="page-120-1"></span>to disclose any communication made during marriage. <span id="page-120-2"></span><sup>138</sup> Section 5 of the Citizenship Act 1955 states that citizenship can be acquired through …
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… institution of marriage is crucial to "individual <span id="page-120-0"></span><sup>136</sup> Section 2(c ) of the Provident Funds Act 1925 defines a dependent to include a wife or a husband. Section 3 of the Act stipulates that the sum standing to the credit of any subscriber shall be paid to any dependent. 137 Section 122 of the Indian Evidence Act 1872 states that no person who is or has been married shall be compelled <span id="page-120-1"></span>to disclose any communication made during marriage. <span id="page-120-2"></span><sup>138</sup> Section 5 of the Citizenship Act 1955 states that citizenship can be acquired through …
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… institution of marriage is crucial to "individual <span id="page-120-0"></span><sup>136</sup> Section 2(c ) of the Provident Funds Act 1925 defines a dependent to include a wife or a husband. Section 3 of the Act stipulates that the sum standing to the credit of any subscriber shall be paid to any dependent. 137 Section 122 of the Indian Evidence Act 1872 states that no person who is or has been married shall be compelled <span id="page-120-1"></span>to disclose any communication made during marriage. <span id="page-120-2"></span><sup>138</sup> Section 5 of the Citizenship Act 1955 states that citizenship can be acquired through …
Questions about Section 122
What have the courts held on Section 122 of the Indian Evidence Act?
Supriyo @ Supriya Chakraborty vs Union Of India (17 Oct 2023) is the leading judgment on this section among those set out below: Provides privilege for marital communications; demonstrates legal consequences of marriage recognition.
How do I find court cases under Section 122 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 122, section 122 IEA, section 122 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Supriyo @ Supriya Chakraborty vs Union Of India (17 Oct 2023).
What should I read with Section 122 of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 128 (Communications during marriage), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 122 of the Indian Evidence Act come into force?
Section 122 of the Indian Evidence Act, cited as IEA 122, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.