Secret Spouse Recordings Now Valid Evidence: Supreme Court of India In a landmark ruling, the Supreme Court of India has held that secretly recorded conversations between spouses can be admitted as evidence in divorce and matrimonial cases.
This overturns the 2021 Punjab and Haryana High Court decision that had barred such recordings, significantly impacting how spousal privilege and privacy are interpreted under Indian law. Under Section 122 of the Indian Evidence Act, private communications between spouses are protected from disclosure.
However, the apex court ruled that this privilege does not extend to secretly recorded conversations, especially when they serve as relevant and verifiable evidence in matrimonial disputes. The court cited a 1973 precedent where secret recordings were accepted in corruption cases. While the judgment emphasizes a balance between privacy and fair trial, it also acknowledges concerns over technology access, particularly for women.
A recent report shows that Indian women are 39% less likely to own smartphones than men, raising issues of digital inequality in legal evidence collection. This ruling redefines marital trust, privacy, and the scope of admissible evidence in India’s evolving legal landscape.
