Code: Section 134 BSA
No one shall be compelled to disclose to the Court any confidential communication
which has taken place between him and his legal adviser, unless he offers himself as a
witness, in which case he may be compelled to disclose any such communications as may
appear to the Court necessary to be known in order to explain any evidence which he has
given, but no others.
Explanation of Section 134 BSA
Section 134 of the Bharatiya Sakshya Adhiniyam (BSA) protects the confidentiality of communications between an individual and their legal adviser. It states that no one can be compelled to disclose confidential communications made with their legal adviser unless they voluntarily offer themselves as a witness.
If the person offers themselves as a witness, they can be compelled to disclose only those communications that are necessary to explain their testimony. However, the Court cannot force the disclosure of any other confidential communication between the person and their legal adviser.
This section safeguards the privileged nature of attorney-client communications, ensuring that individuals can have private and confidential discussions with their legal representatives without the fear of compulsory disclosure, except when required to explain their testimony.
Illustrations
Example 1: Communication With Legal Adviser
A person (X) seeks legal advice from their lawyer (Y) about a possible lawsuit. This communication is protected under Section 134 BSA, and X cannot be forced to disclose these conversations in court unless X voluntarily testifies as a witness and the Court determines that disclosing certain communications is necessary to explain X’s testimony.
Example 2: Testifying as a Witness
B testifies in court and mentions certain facts that may require explanation. In such a case, B’s legal adviser, if called to testify, might be required to disclose those specific communications that are necessary to clarify B’s testimony. However, no other confidential information will be disclosed without B’s consent.
Common Questions and Answers on Section 134 BSA
1. Can I be forced to disclose confidential communication with my lawyer?
- Answer: No, you cannot be compelled to disclose confidential communication with your legal adviser, unless you voluntarily become a witness in the case and the communication is necessary to explain your testimony.
2. Does this section apply to all types of legal advisers?
- Answer: Yes, this section applies to all legal advisers and protects the confidentiality of communications between an individual and their legal representative.
3. If I testify in court, can I be compelled to reveal confidential advice given by my lawyer?
- Answer: Only communications that are necessary to explain your testimony can be disclosed, and nothing more. You will not be forced to reveal any other confidential communications.
Conclusion
Section 134 of the Bharatiya Sakshya Adhiniyam (BSA) ensures that communications between individuals and their legal advisers remain confidential, thereby promoting trust and candidness in legal representation. The section provides exceptions, allowing for disclosure only when the person voluntarily testifies and the communication is essential to explain their testimony in court.
