Witness against spouses 

My husband is currently charged with an offence. I was not involved in the incident, but the police have asked me to give evidence against him. My husband says that because I am his wife, I cannot be forced to testify against him and that I should simply refuse to go to Court.

PM, Kilimanjaro

This is undoubtedly a difficult and emotional position to be in. Being asked to give evidence against someone you love and have a marital relationship with can create a serious conflict between your personal loyalty to your spouse and your legal obligations.

Under section 138 of the Evidence Act, a spouse is generally a competent but not compellable witness for the prosecution. This means that spouses can legally testify against each other, but ordinarily cannot be forced to do so. There are, however, some exceptions. A spouse becomes competent and compellable where the accused is charged with offences against morality, including rape, abduction and sexual abuse. This also applies where the offence affects the person or property of the spouse or the children of either spouse. Therefore, your husband is not entirely correct. Marriage does not automatically prevent you from testifying against him. Whether you can be compelled depends on the particular offence with which he is charged.