BSA Section 128 — Communications during marriage

CHAPTER IX OF WITNESSES

General

Summary

A person who is currently married, or who was married in the past, cannot be forced to reveal any communication made to them during the marriage by their spouse (or former spouse).

That person is also not allowed to voluntarily reveal such a communication, unless the spouse who made it, or that spouse's legal representative, gives consent.

This ban on disclosure does not apply in two situations: in legal suits between the married persons themselves, or in proceedings where one married person is being prosecuted for a crime committed against the other.

Official 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 between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.

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