Question:

Principle: A spouse is not permitted to put in evidence in any court, any communication during marriage between the spouses without the consent of the person who made the communication.
Facts: X who is the wife of Y saw her husband (Y) coming out of the neighbour‘s house at 6.00 am in the morning. Y told his wife X that he has murdered the neighbour and handed over the jewellery of that neighbour to his wife.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.

Updated On: Jul 15, 2026
  • X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder
  • X is not allowed to appear as a witness at all in any court
  • X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw
  • X is an independent woman and she can do whatever she wants
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The Correct Option is C

Approach Solution - 1

The correct option is (C):X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw .
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Approach Solution -2

The principle bars a spouse from giving evidence in court about a communication made between the spouses during the marriage, unless the spouse who made that communication consents. X, Y's wife, saw Y coming out of the neighbour's house early in the morning, and Y then told her that he had murdered the neighbour and gave her the neighbour's jewellery.

  1. X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder: What Y told X about the murder is a communication made between spouses during the marriage, and Y has not consented to it being disclosed. That is precisely the kind of statement the principle keeps out of X's testimony.
  2. X is not allowed to appear as a witness at all in any court: The principle only shields marital communications, it does not bar a spouse from testifying about everything, including facts observed independently of any communication from the husband.
  3. X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw: This correctly separates the two categories of information, Y's confession to her is a protected communication she cannot disclose without his consent, while her own observation of Y leaving the neighbour's house at 6 am is something she personally witnessed and can testify to.
  4. X is an independent woman and she can do whatever she wants: This is not a legal answer at all, it ignores the specific evidentiary rule the principle sets out about marital communications.

Since the principle only protects what passed between the spouses as a communication, X's testimony is limited accordingly, she can describe what she personally saw but not what Y confided to her.

Therefore, the correct answer is X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw.

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Approach Solution -3

The fact that decides this question is the difference between two categories of information in X's knowledge, what she personally saw, Y leaving the neighbour's house at 6 am, and what Y later told her, that he had committed the murder. The principle only protects the second category, so each option can be tested against whether it respects that split.

  1. X is allowed to appear as a witness in court to depose that her husband has told her that he committed a murder: This treats the protected communication as freely disclosable, but Y has not consented to it being revealed, so this option ignores the very thing the principle shields.
  2. X is not allowed to appear as a witness at all in any court: This applies the protection to everything X knows, including what she personally saw, but the principle only shields communications between spouses, not independent observations.
  3. X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw: This is the only option that keeps the two categories separate exactly as the principle requires, the confession protected, the observation not.
  4. X is an independent woman and she can do whatever she wants: This does not engage with the principle at all, it ignores the specific evidentiary rule entirely.

Since the principle protects only marital communications and not independent observations, the option that draws that exact line is the one that fits.

Therefore, the correct answer is X is not allowed to appear as a witness to depose what was told by the husband to her, however, she can depose what she saw.

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