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Principle: a Spouse is Not Permitted to Put in Evidence in Any Court, Any Communication During the Marriage Between the Spouses Without the Consent of the Person Who Made

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Question

Principle: A spouse is not permitted to put in evidence in any court, any communication during the marriage between the spouses without the consent of the person who made the communication.

Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife. 

Options

  • X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder 

  • X is not allowed to appear as a witness at all in any court 

  • X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw 

  • X is an independent woman and she can do whatever she wants 

MCQ
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Solution

X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw 

Explanation:

According to the principle,  spouse is prevented from stating the communication between her and her husband without his consent.  However, she is not prevented from stating what she saw.

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Indian Penal Code (Entrance Exams)
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2018-2019 (May) Set 1

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