BSA §128
Communications during marriage.
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Comparison
122. 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; 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.
128. 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.
What changedAI-inferred
Communications during marriage.
Old position
IEA 122 is concerned with Communications during marriage. Communications during marriage
New position
BSA 128 preserves the framework with drafting modernisations as required by the new code. Topic: 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; nor shall he be permitted to disclose any such communication, unless the
BSA 128 (Communications during marriage.) preserves the framework of IEA 122. BSA 128 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 128 text: No person who is or has been married, shall be...
Editorial deltaAI-indicated (source-linked)
BSA 128 (Communications during marriage.) preserves the framework of IEA 122. BSA 128 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 128 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 122 continues to apply. For matters from that date forward, BSA 128 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 128 (Communications during marriage.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §122 → BSA §128 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/128.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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