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​Assertion (A): 'B' writes to his wife 'C' a letter, which contains defamatory matters about 'D'. 'C' cannot be compelled to disclose this communicati
Question

Assertion (A): 'B' writes to his wife 'C' a letter, which contains defamatory matters about 'D'. 'C' cannot be compelled to disclose this communication.

Reason (R): Any communication made during the subsistence of marriage by a husband to his wife or vice-versa is protected as privileged communication.
Select the correct answer from the codes given below:-

A.

Both (A) and (R) are true and (R) is the correct explanation of (A).

B.

Both (A) and (R) are true but (R) is not the correct explanation of (A).

C.

(A) is true but (R) is false.

D.

(A) is false but (R) is true

Correct option is A

The correct answer is (a) Both (A) and (R) are true and (R) is the correct explanation of (A). Section 122 of the Indian Evidence Act provides that communications between spouses during the subsistence of marriage are privileged. This means that one spouse cannot be compelled to disclose communications made to the other during marriage. The reason provided (R) correctly explains the assertion (A).

Information Booster:

Privileged Communications (Section 122, Indian Evidence Act):
This section protects confidential communications between spouses from being disclosed in court, recognizing the importance of privacy in marital relationships. This privilege applies even if the communication is defamatory or contains other illegal content.

Additional Knowledge:

  • Exceptions to Privilege:
    The privilege does not apply if the communication involves matters affecting the safety or welfare of the state or other serious public interests.

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