What is Professional communication What is Section 126 to apply to interpreters etc What is Privilege not waived by volunteering evidence Section 126, 127 and 128 of Indian Evidence Act 1872

Professional communication, Section 126 to apply to interpreters etc. and Privilege not waived by volunteering evidence are defined under section 126, 127 and 128 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 126 of Evidence Act "Professional communication"

No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment:


 

Provided that nothing in this section shall protect from disclosure -
(1) Any such communication made in furtherance of any [illegal] purpose.
(2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such barrister, [pleader], attorney or vakil was or was not directed to such fact by or on behalf on his client.
Explanation - The obligation stated in this section continues after the employment has ceased.

Illustrations
(a) A, a client says to B, an attorney-"I have committed forgery and I wish you to defend me".

As the defense of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.

(b) A, a client, says to, B, an attorney-"I wish to obtain possession of [property by the use] of forged deed on which I request you to sue".

This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.

(c) A, being charged with embezzlement, retains B, an attorney, " to defend him. In the course of the proceedings B observes that an entry has been made in A’s account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.

This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.

 

Section 127 of Evidence Act "Section 126 to apply to interpreters etc"

The provision of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils.

 

Section 128 of Evidence Act "Privilege not waived by volunteering evidence"

If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and if any party to a suit or proceeding calls any such barrister, [ pleader], attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil or matters which, but for such question, he would not be at liberty to disclose.

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