IEA 126 to BSA 132(1), 132(2): Professional communications
Section 126 IEA (1872) replaced by Section 132(1), 132(2) BSA (2023)
IEA 126 to BSA 132(1), 132(2) at a Glance
Section 126 IEA (Professional communications) is now Section 132(1), 132(2) BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 126 to BSA 132(1), 132(2)?
Section 126 of the Indian Evidence Act, 1872 became Section 132(1) and (2) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Barrister, attorney, pleader or vakil" reads "advocate", and "employment" reads "service". The Explanation, the exceptions and the illustrations are otherwise the same. IEA Section 127 is now sub-section (3).
IEA 126 vs BSA 132(1), 132(2): Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 126 | 132(1), 132(2) |
| Heading | Professional communications | Same |
IEA 126 and BSA 132(1), 132(2): Bare Act Text Side by Side
IEA 1872 (repealed)
Section 126, IEA 1872
126. Professional communications.—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 of 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 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 attorney — “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 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.
BSA 2023 (in force)
Section 132(1), 132(2), BSA 2023
(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.
When It Applies: IEA 126 vs BSA 132(1), 132(2)
Under IEA 126
- Applies to a barrister, attorney, pleader or vakil employed by a client.
- Covers communications made by the client or on the client's behalf during and for the employment, as well as advice given to the client.
- Covers the contents or condition of any document that the practitioner became acquainted with during and for professional employment.
- Continues to bind the practitioner even after the professional employment has ended.
Under BSA 132(1), 132(2)
- Applies to an advocate engaged by a client for professional service.
- Applies also to interpreters and to an advocate's clerks or employees.
- Covers communications made by the client, or on the client's behalf, during and for the advocate's service, as well as advice given to the client.
- Covers the contents or condition of any document that the advocate became acquainted with during and for professional service.
- Continues to bind the advocate even after the professional service has ended.
What IEA 126 to BSA 132(1), 132(2) Means in Practice
The rule protecting professional communications, along with its Explanation, exceptions and illustrations, remains the same under Section 132(1) and Section 132(2) BSA, while Section 127 IEA is placed in Section 132(3) BSA. The text replaces barrister, attorney, pleader or vakil with advocate, and replaces employment with service. For matters governed by the Adhiniyam from 1 July 2024, parties should cite Section 132 BSA.
FAQs: IEA 126 to BSA 132(1), 132(2)
Why does Section 132 BSA have a sub-section on interpreters, clerks and employees that was not in Section 126 IEA?▼
Under the Act, interpreters and legal staff were covered in a separate provision, Section 127 IEA. The Adhiniyam places Section 126 IEA into Section 132(1) and Section 132(2) BSA, and merges Section 127 IEA into the same provision as Section 132(3) BSA.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·