Bharatiya Sakshya Adhiniyam, 2023
Section 132
Professional communications
(1) No advocate, 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 service as such advocate, 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 service, or to disclose any advice given by him to his client in the course and for the purpose of such service: Provided that nothing in this section shall protect from disclosure of—
(a) any such communication made in furtherance of any illegal purpose;
(b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service.
(2) It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), was or was not directed to such fact by or on behalf of his client. Explanation.—The obligation stated in this section continues after the professional service has ceased. Illustrations.
(a) A, a client, says to B, an advocate— “I have committed forgery, and I wish you to defend me”. As the defence 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 advocate— “I wish to obtain possession of property by the use of a 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 advocate, 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 professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
(3) The provisions of this section shall apply to interpreters, and the clerks or employees of advocates.
Why this exists
This provision protects the confidential relationship between a lawyer and client, encouraging people to speak honestly and fully with their advocate without fear of exposure, which is essential for effective legal representation. At the same time, the law carves out exceptions so that this protection cannot be misused to shield ongoing crimes or fraud, balancing client trust with the interests of justice. This mirrors the long-standing rule earlier found in Section 126 of the Indian Evidence Act, 1872.
How courts read it
Indian courts, interpreting the identical predecessor provision (Section 126 of the Evidence Act, 1872), have consistently held that lawyer-client privilege is essential to the administration of justice and must be strictly guarded, but is not absolute. Courts have applied the illegal-purpose and crime-fraud exceptions narrowly, requiring clear proof that the communication itself furthered a crime, rather than allowing the exception to swallow the rule of confidentiality.
Common misconceptions
- Myth: Lawyers can never reveal anything a client tells them, no matter what.
Fact: The law creates exceptions: communications made to further a crime, and facts an advocate observes showing an ongoing crime or fraud, are not protected. - Myth: A client confessing past guilt to their lawyer can be used against them by the lawyer.
Fact: Confessions made purely so the lawyer can prepare a defense remain protected communications, as shown in the forgery defense illustration. - Myth: Only lawyers are bound by this confidentiality rule.
Fact: The same duties and exceptions extend to interpreters and to clerks or employees working for advocates.