Section 122 to Section 132 of the Indian Evidence Act , 1872 deals with privileged communications. Privilege means qualified advantage. The privilege of a witness means the right of a witness to withhold evidence to disclose certain matters. There are certain circumstances in which certain persons are not compelled to testify (to give evidence). The right is based on the convenience and public policy.
Section 120 of the Evidence act provides that in all civil proceedings the parties to the suit and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person the husband or wife of such person, respectively, shall be a competent witness.
Section 120 of the Evidence act provides that in all civil proceedings the parties to the suit and the husband or wife of any party to the suit, shall be competent witnesses. In criminal proceedings against any person the husband or wife of such person, respectively, shall be a competent witness.
Communication during Marriage
Under this section a wife is a competent
witness against her husband in a civil or Criminal Case. But, However,
Under Section 122, she cannot compelled to disclose any communication
made to him during marriage by any person to whom she is or has been
married, nor she be permitted to disclose any such communication, unless
the person who made it, or has 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.
It follows that she can be compelled in suits between herself and the
husband, or proceedings in which she or her husband is prosecuted for
any crime committed against the other.
Example
Suppose, the husband makes confession to his wife that he has committed a theft or murder of a person. The wife to whom the confession is made made cannot be called to the Court and compelled to give evidence against her husband .
See also
1) Deaf and Dumb witnesses under Section 119 of Indian Evidence Act 1872
2) The Concept of Opinion of Expert and its Evidentiary value.
3) Admissibility, Competency and Credit of a child witness
4) Meaning, Definition and Kinds of Accomplice
5) Judges or Magistrates as Witness
Example
Suppose, the husband makes confession to his wife that he has committed a theft or murder of a person. The wife to whom the confession is made made cannot be called to the Court and compelled to give evidence against her husband .
See also
1) Deaf and Dumb witnesses under Section 119 of Indian Evidence Act 1872
2) The Concept of Opinion of Expert and its Evidentiary value.
3) Admissibility, Competency and Credit of a child witness
4) Meaning, Definition and Kinds of Accomplice
5) Judges or Magistrates as Witness
0 comments:
Post a Comment