Section 132 BSA: Professional communications

Bharatiya Sakshya Adhiniyam, 2023

Section 132 BSA at a Glance

Section 132 BSA deals with professional communications. It replaced Sections 126 and 127 IEA on 1 July 2024.

Was IEA

Section 126, Section 127 →

Section 132 BSA Bare Act Text

(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.

(2) It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), 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 professional service has ceased.

Illustrations.

(a) A, a client, says to B, an advocate— “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 advocate— “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 advocate, 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 professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.

(3) The provisions of this section shall apply to interpreters, and the clerks or employees of advocates.

Source: Section 132, Bharatiya Sakshya Adhiniyam, 2023

Section 132 BSA in Simple Words

Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 stops an advocate from disclosing client communications without the client's express consent. This rule lets a client speak openly for legal representation, including admitting a past offence so the advocate can prepare a defence.

Under Section 132(1) BSA, an advocate cannot disclose what the client, or someone on the client's behalf, communicated during and for the advocate's service. The advocate also cannot state a document's contents or condition learned during and for that professional service, or disclose advice given to the client for that work. Under the Explanation, this obligation continues even after the professional service ends. Under Section 132(3) BSA, the same rules apply to interpreters, as well as an advocate's clerks or employees.

Section 132(1) BSA does not protect a communication made to further an illegal purpose, such as asking an advocate to sue using a forged deed. It also does not protect a fact observed by the advocate during service that shows a crime or fraud committed after the service began. Under Section 132(2) BSA, it makes no difference whether the client directed the advocate's attention to that fact or not.

When Section 132 BSA Applies

  • 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.

Example of Section 132 BSA

In August 2024 in Bengaluru, Anita engages Farhan, an advocate, for a contract dispute and shares a damaged agreement while Meera, a clerk in the office, takes notes. In court, the opposing party asks both Farhan and Meera to describe the condition of the damaged agreement. Because the document was seen during and for the professional service, Section 132(1) BSA and Section 132(3) BSA protect both the advocate and the clerk from making that disclosure. Without Anita's express consent, neither Farhan nor Meera can state the condition of the damaged agreement.

When Section 132 BSA Does Not Apply

  • Does not stop disclosure when the client gives express consent.
  • Does not protect a communication made to further an illegal purpose.
  • Does not protect a fact observed by the advocate during service that shows a crime or fraud committed after the service began, whether or not the client directed the advocate's attention to it.

Section 132 BSA in the IEA (Previous Law)

Section 132 BSA replaced Sections 126 and 127 IEA from 1 July 2024.

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).

FAQs on Section 132 BSA

What is Section 132 BSA?▼

Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on professional communications between an advocate and a client. Unless the client gives express consent, an advocate, interpreter, clerk or employee cannot disclose client communications, a document's contents or condition learned during professional service, or legal advice given. It does not protect communications made to further an illegal purpose or facts observed during service that show a new crime or fraud.

Does Section 132 BSA apply after the advocate stops representing the client?▼

Yes. Under the Explanation to Section 132 BSA, the obligation not to disclose continues even after the professional service has ended.

Are an advocate's staff and interpreters also bound by Section 132 BSA?▼

Yes. Under Section 132(3) BSA, all the rules in Section 132 BSA apply to interpreters and to an advocate's clerks or employees.

Is a client's admission of a past crime to an advocate protected under Section 132 BSA?▼

Yes. Defending a person known to be guilty is not a criminal purpose, so admitting a past offence to an advocate for defence is protected from disclosure. However, asking an advocate to help carry out an illegal purpose, such as suing on a forged deed, is not protected.

What is Section 132 BSA in IEA?▼

Section 126 IEA and Section 127 IEA. On 1 July 2024, Section 126 IEA became Section 132(1) and Section 132(2) BSA, and Section 127 IEA became Section 132(3) BSA. The rule, exceptions, Explanation and illustrations remain the same, with the words advocate, service and employees replacing the older terms for legal practitioners, employment and servants.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·