Section 133 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023

Section 133 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the concept of privilege not being waived by volunteering evidence. This provision ensures that parties in a legal proceeding do not inadvertently forfeit their legal privileges by presenting certain evidence.

📄 Text of Section 133

"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 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose."(thebharatiyanyayasanhita.in)

🧾 Explanation

Section 133 safeguards certain legal privileges, ensuring that voluntarily providing evidence does not lead to the unintended waiver of those privileges. Specifically:(lextechsuite.com)

Volunteering Evidence: If a party in a lawsuit presents evidence voluntarily or at their own instance, this action does not imply consent to disclose information protected under legal privileges, such as those outlined in Section 132.

Calling an Advocate as a Witness: If a party calls their advocate to testify, they are not deemed to have waived the privilege unless they specifically question the advocate on matters that would otherwise be protected from disclosure.(taxguru.in)

⚖️ Legal Implications

Protection of Legal Privileges: This section ensures that parties retain their legal privileges, such as attorney-client confidentiality, even if they present evidence or call their advocate as a witness.

Prevention of Unintentional Waiver: It prevents parties from inadvertently waiving their rights to confidentiality by taking actions like volunteering evidence or calling an advocate to testify.(aaptaxlaw.com)

Encouragement of Full Disclosure: By protecting privileges, this provision encourages parties to disclose all relevant information without fear of losing legal protections.

🧭 Summary

Section 133 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that parties in legal proceedings do not unintentionally waive their legal privileges by volunteering evidence or calling their advocate as a witness. This provision upholds the sanctity of legal protections, fostering an environment where parties can present their cases fully without compromising their rights.(

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