SC Allows Secret Spousal Recordings in Court
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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BEFORE: The Punjab and Haryana High Court held that admitting secretly recorded spousal conversations violated the Right to Privacy under Article 21. NOW: The Supreme Court ruled that the Right to a Fair Trial overrides privacy concerns when proving allegations like cruelty in matrimonial disputes.
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BEFORE: Spousal communication privilege under Section 122 of the Indian Evidence Act was often argued as a blanket shield against admitting private marital conversations. NOW: The Supreme Court clarified that the exception within Section 122 (and Section 128 of the new Bharatiya Sakshya Adhiniyam) specifically allows such evidence in suits directly between married persons.
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BEFORE: High Courts were divided, creating a lack of uniform guidelines on whether digital voice recordings obtained without consent could be used in Family Courts. NOW: There is a binding nationwide precedent that covertly obtained electronic evidence does not automatically become inadmissible if it is crucial for adjudication.
Prelims Angle
NCERT Connection
Practice Questions
Q1
Correct Statement(s)Which of the following statements is/are correct regarding the Supreme Court's ruling in Vibhor Garg v. Neha (2025)? 1. The Supreme Court ruled that spousal communication privilege under Section 122 of the Indian Evidence Act applies universally without any exceptions. 2. The judgment held that the Right to a Fair Trial takes precedence over the Right to Privacy in the context of admitting covertly recorded evidence in matrimonial disputes.