Law can't permit snooping by one spouse on the other: Madras High Court on spousal privacy

The Madras High Court ruled that a citizen’s fundamental right to privacy includes spousal privacy, and evidence collected through snooping by one spouse against another is inadmissible. Justice GR Swaminathan set aside a lower court order that had refused to reject phone call records obtained by an estranged husband without his wife’s consent. The court emphasized that obtaining information about a spouse’s privacy without their knowledge and consent cannot be condoned. The court noted that privacy rights must be protected, and evidence obtained in violation of these rights is not admissible. The ruling highlights the importance of spousal privacy and the need for fair and just procedures in collecting evidence. The court also referenced the Bharatiya Sakshya Adhiniyam (BSA) 2023, which requires electronic records to be authenticated and certified.