Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 23 : Witnesses

198. Privilege arising out of marital state
Purchase cart Previous page Return to chapter overview Next page

 

(1)A husband shall not at criminal proceedings be compelled to disclose any communication which his wife made to him during the marriage, and a wife shall not at criminal proceedings be compelled to disclose any communication which her husband made to her during the marriage.

 

(2)Subsection (1) shall also apply to a communication made during the subsistence of a marriage or a putative marriage which has been dissolved or annulled by a competent court.

[Section 198(2) substituted by section 8 of Act No. 45 of 1988]