IEA 129→BSA 134

IEA 129 to BSA 134: Confidential communications with legal advisers

Section 129 IEA (1872) replaced by Section 134 BSA (2023)

View IEA Section 129 →View BSA Section 134 →

IEA 129 to BSA 134 at a Glance

Section 129 IEA (Confidential communications with legal advisers) is now Section 134 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 129 to BSA 134?

Section 129 of the Indian Evidence Act, 1872 became Section 134 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The heading uses the singular, "Confidential communication with legal advisers", and "professional" was dropped from the text.

IEA 129 vs BSA 134: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section129134
HeadingConfidential communications with legal advisersConfidential communication with legal advisers

IEA 129 and BSA 134: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 129, IEA 1872

129. Confidential communications with legal advisers.—No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional 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.
BSA 2023 (in force)

Section 134, BSA 2023

134. Confidential communication with legal advisers.—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.

When It Applies: IEA 129 vs BSA 134

Under IEA 129
  1. Applies to any person who has had a confidential communication with a legal professional adviser, protecting that person from being forced to disclose it to the Court.
  2. Applies when that person chooses to become a witness, allowing the Court to compel disclosure of confidential communications that the Court finds necessary for explaining the evidence given by that witness.
  3. Protects all other confidential communications with the legal professional adviser from forced disclosure, even when the person testifies as a witness.
Under BSA 134
  1. Applies to any person who has had a confidential communication with a legal adviser, protecting that person from being forced to disclose it to the Court.
  2. Applies when that person chooses to become a witness, allowing the Court to compel disclosure of confidential communications that the Court finds necessary for explaining the evidence given by that witness.
  3. Protects all other confidential communications with the legal adviser from forced disclosure, even when the person testifies as a witness.

What IEA 129 to BSA 134 Means in Practice

Section 129 IEA became Section 134 BSA on 1 July 2024 with no substantive change. The same rule applies, and a person should cite Section 134 BSA for matters governed by the BSA. The heading uses the singular word communication instead of communications, and the word professional was dropped before adviser in the text.

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 ·