Correct option is D
Section 122 of the Indian Evidence Act, 1872 provides for the privilege of confidentiality in communications between husband and wife. This section ensures that communications made during the marriage between spouses are protected and cannot be disclosed in court except under certain circumstances.
Information Booster:
1. Husband and Wife Privilege: Section 122 protects communications between married couples, ensuring that any communication made during the marriage remains confidential.
2. Exceptions: The privilege does not apply if the person who made the communication consents to its disclosure or if the communication is made during a proceeding in which the spouses are parties against each other.
3. Purpose: The rationale behind this provision is to maintain the sanctity and privacy of the marital relationship, encouraging free and honest communication between spouses.
4. Scope of Privilege: The privilege covers both verbal and written communications made during the subsistence of the marriage.
5. Termination: The privilege continues even after the dissolution of the marriage, ensuring lifelong confidentiality unless consent for disclosure is provided by the communicating spouse.
6. Judicial Interpretation: Courts have upheld the importance of this privilege to protect the trust and confidence inherent in marital relationships.
Additional Information:
Option (a): Magistrates: This option is incorrect. Magistrates do not have a specific privilege under Section 122 of the Indian Evidence Act.
Option (b): Advocates: This option is incorrect. Although advocates have certain privileges under different sections, Section 122 specifically does not apply to them.
Option (c): Judges: This option is incorrect. Judges do not have a specific privilege under Section 122 of the Indian Evidence Act.
Option (d): Husband and wife: This is the correct answer. Section 122 provides privilege to husband and wife, protecting their communications from being disclosed in court.
