Section 132 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the confidentiality of professional communications between an advocate and their client.(taxguru.in)
📜 Text of Section 132
General Rule of Confidentiality:
No advocate shall, without the express consent of their client, disclose any communication made to them by or on behalf of the client during the course of their professional service.
This includes disclosing the contents or condition of any document acquired in the course of such service or revealing any advice given to the client.(thelawadvice.com, lawfyi.io)
Exceptions to Confidentiality:
The above rule does not apply if the communication was made in furtherance of an illegal purpose.
Additionally, if the advocate observes any fact during their service indicating that a crime or fraud has been committed since the commencement of their service, such facts are not protected from disclosure.(jurisquest.com, thelawadvice.com)
Continuity of Obligation:
The obligation of confidentiality continues even after the professional service has ceased.(aaptaxlaw.com)
Applicability to Others:
The provisions of this section also apply to interpreters and the clerks or employees of advocates.(aaptaxlaw.com)
🧠 Explanation
Section 132 establishes a legal framework ensuring that communications between an advocate and their client remain confidential, fostering an environment where clients can seek legal advice without fear of disclosure. This confidentiality is crucial for the administration of justice, as it encourages open and honest communication between clients and their legal representatives.
However, the section outlines specific exceptions where this confidentiality does not apply:
Furtherance of Illegal Purpose: If a client communicates information to an advocate with the intent to further an illegal activity, such communication is not protected.(indiankanoon.org)
Observation of Crime or Fraud: If, during the course of their service, an advocate observes facts indicating that a crime or fraud has been committed, they are not bound by confidentiality regarding those facts.(lawfyi.io)
The section also emphasizes that the duty of confidentiality extends beyond the duration of the professional relationship, ensuring that sensitive information remains protected even after the legal services have concluded.(thelawadvice.com)
⚖️ Practical Implications
Encouraging Open Communication: Clients can freely share information with their advocates, knowing that such communications are protected, except in the specified exceptions.
Legal Boundaries for Advocates: Advocates must navigate the balance between maintaining client confidentiality and adhering to legal obligations to disclose information in cases of illegal activities or observed crimes.
Scope of Application: The confidentiality provisions extend to individuals associated with the advocate, such as interpreters and clerks, ensuring comprehensive protection of client communications.(indiankanoon.org)
🧾 Illustrations
Scenario 1: A client confides in their advocate about a past crime they committed.
Application: This communication is protected under Section 132, as it does not pertain to furthering an illegal purpose.(thelawadvice.com, kanoongpt.in)
Scenario 2: A client instructs their advocate to file a lawsuit based on forged documents.
Application: The advocate is not bound by confidentiality in this case, as the communication is made in furtherance of an illegal purpose.(kanoongpt.in)
Scenario 3: During the course of representing a client, an advocate discovers that the client has been involved in fraudulent activities.
Application: The advocate is obligated to disclose such facts, as they indicate that a crime or fraud has been committed.(thelawadvice.com)
Summary:
Section 132 of the Bharatiya Sakshya Adhiniyam, 2023, underscores the importance of maintaining confidentiality in professional communications between an advocate and their client, with specified exceptions. This provision aims to uphold the integrity of the legal profession and ensure that clients can seek legal counsel with confidence in the protection of their communications.
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