Is it Legal to Record a Spouse’s Phone Conversation for Evidence?

Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, the legality of secret recordings has shifted.

While Section 122 of The Indian Evidence Act (now Section 128 BSA) traditionally protected "spousal privilege," a landmark Supreme Court ruling in July 2025 (Vibhor Garg v. Neha) clarified that this privilege does not apply to litigation between spouses.

The Court held that the "Right to a Fair Trial" outweighs "Privacy" in broken marriages, making such recordings admissible to prove cruelty or adultery.

However, they must be authenticated with a mandatory electronic certificate under Section 63 BSA to ensure the audio is untampered and original.