Communications during marriage
124.—(1)  No person who is or has been married may be compelled to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married; nor may he or she be permitted to disclose any such communication unless the person who made it or his or her representative in interest consents, except in suits between married persons or proceedings in which one married person is prosecuted for any crime committed against the other.
[15/2019]
(2)  Nothing in this section protects from disclosure any such communication made that is relevant in any criminal proceedings in respect of a specified offence.
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(3)  In this section —
“domestic worker” has the meaning given by section 73(4) of the Penal Code 1871;
“employer”, in relation to a domestic worker, has the meaning given by section 73(4) of the Penal Code 1871;
“employment agent”, in relation to a domestic worker, has the meaning given by section 73(4) of the Penal Code 1871;
“member of the employer’s household” has the meaning given by section 73(4) of the Penal Code 1871;
“specified offence” means any of the following offences:
(a)a child abuse offence committed against a person below 16 years of age;
(b)a sexual offence or an offence under Chapter 16 of the Penal Code 1871 (other than a sexual offence) committed against a person below 16 years of age;
(c)a sexual offence or an offence under Chapter 16 of the Penal Code 1871 (other than a sexual offence) committed against a domestic worker by an employer of the domestic worker, a member of the employer’s household or an employment agent of the domestic worker;
(d)a sexual offence or an offence under Chapter 16 of the Penal Code 1871 (other than a sexual offence) committed against a vulnerable person by a person who has the custody, charge or care of the vulnerable person;
(e)an abetment of, a conspiracy to commit or an attempt to commit any of the offences mentioned in paragraphs (a) to (d);
“vulnerable person” has the meaning given by section 74A(5) of the Penal Code 1871.
[15/2019]