Discuss with reasons the following given cases under the Indian Evidence Act, 1872: A commits a murder of his colleague in spur of heated argument. A, on reaching home confesses the offence before his wife. The wife was
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
Discuss with reasons the following given cases under the Indian Evidence Act, 1872: A commits a murder of his colleague in spur of heated argument. A, on reaching home confesses the offence before his wife. The wife was summoned by the Court to testify against her husband, who was on trial for allegedly committing murder. Can A's wife act as witness ?
Answer & Explanation:
Section 122 of Indian Evidence Act, 1872 provides that 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. In view of the above provision, it can be said that A's wife cannot act witness unless the person who made communication, or his representative in interest, consents.
Topics: Indian Evidence Act
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