SC Overrides Spousal Privilege for Fair Trial | 18 Jul 2025

Source: IE 

The Supreme Court, in a landmark judgment, has ruled that secretly recorded conversations between spouses are admissible as evidence in matrimonial disputes, including divorce proceedings.  

• This judgment has significantly impacted the interpretation of spousal privilege in Indian law and emphasizes the balance between the right to privacy (Article 21) and the right to a fair trial.  

Spousal Privilege 

• Spousal privilege, as codified under Section 122 of the Indian Evidence Act, 1872, safeguards communications between married individuals.  
  • The law prevents one spouse from being compelled to testify against the other or disclose any communication made during the marriage, unless the other spouse consents.  
• However, it is not absolute and can be waived in specific circumstances, such as in criminal and divorce cases, where the claims are supported by evidence, including electronic communication. 

Right to Privacy & Fair Trial 

• The court’s interpretation of Section 122 of the Evidence Act recognizes that privacy cannot be an absolute right, especially when it impedes the pursuit of justice in matrimonial matters. 
• The court acknowledged the balance between privacy and the right to a fair trial. It noted that while secret recordings infringe upon privacy rights, a fair trial may require the admission of such evidence, especially when it is crucial to determining the facts.