IEA 128 to BSA 133: Privilege not waived by volunteering evidence
Section 128 IEA (1872) replaced by Section 133 BSA (2023)
IEA 128 to BSA 133 at a Glance
Section 128 IEA (Privilege not waived by volunteering evidence) is now Section 133 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 128 to BSA 133?
Section 128 of the Indian Evidence Act, 1872 became Section 133 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Barrister, pleader, attorney or vakil" reads "advocate".
IEA 128 vs BSA 133: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 128 | 133 |
| Heading | Privilege not waived by volunteering evidence | Same |
| Cross-references | s.126 | s.132 |
IEA 128 and BSA 133: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 128, IEA 1872
128. Privilege not waived by volunteering evidence.—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 126; and, if any party to a suit or proceeding calls any such barrister, pleader, attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose.
BSA 2023 (in force)
Section 133, BSA 2023
133. Privilege not waived by volunteering evidence.—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.
When It Applies: IEA 128 vs BSA 133
Under IEA 128
- Applies when a party in a suit testifies in that case, whether by choice or otherwise, so that testifying does not count as consent to the disclosure of professional communications under Section 126 IEA.
- Applies when a party in a suit or proceeding calls a barrister, pleader, attorney or vakil to testify as a witness.
- Treats the party as consenting to disclosure only when the party asks the barrister, attorney or vakil about matters that the legal practitioner could not otherwise disclose.
Under BSA 133
- Applies when a party in a suit testifies in that case, whether by choice or otherwise, so that testifying does not count as consent to the disclosure of professional communications under Section 132 BSA.
- Applies when a party in a suit or proceeding calls an advocate to testify as a witness.
- Treats the party as consenting to disclosure only when the party asks the advocate about matters that the advocate could not otherwise disclose.
What IEA 128 to BSA 133 Means in Practice
Section 128 IEA became Section 133 BSA on 1 July 2024 with no substantive change. The same rule applies, and a person should cite Section 133 BSA for matters governed by the BSA. The words barrister, pleader, attorney or vakil were replaced with advocate, and the reference to Section 126 IEA was updated to Section 132 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 ·