Section 134 BSA: Confidential communication with legal advisers

Bharatiya Sakshya Adhiniyam, 2023

Section 134 BSA at a Glance

Section 134 BSA deals with confidential communication with legal advisers. It replaced Section 129 IEA on 1 July 2024.

Was IEA

Section 129 →

Section 134 BSA Bare Act Text

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.

Source: Section 134, Bharatiya Sakshya Adhiniyam, 2023

Section 134 BSA in Simple Words

Section 134 of the Bharatiya Sakshya Adhiniyam, 2023 protects a person from being compelled (forced) to tell the Court about any confidential communication with a legal adviser (a person who gives legal advice). Under the Adhiniyam, a person can keep those private communications secret from the Court.

An exception applies only when the person volunteers to be a witness in the case. If the person chooses to give evidence as a witness, the person may be compelled to disclose confidential communications with the legal adviser that the Court finds necessary to explain the evidence given.

Even when a person volunteers as a witness, the protection is not lost completely. The Court can compel disclosure only of communications needed to explain that witness's testimony, and no other confidential communications can be forced out.

When Section 134 BSA Applies

  • 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.
  • 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.
  • Protects all other confidential communications with the legal adviser from forced disclosure, even when the person testifies as a witness.

Example of Section 134 BSA

In September 2024, Anita speaks in confidence with Ramesh, a legal adviser in Kochi, about a payment dispute and a delivery dispute under a supply contract. When the supply contract dispute goes to court, Anita does not offer to be a witness at first, so under Section 134 BSA the Court cannot compel disclosure of those confidential communications. Later, Anita volunteers to testify as a witness only about the delivery dispute. Under Section 134 BSA, Anita may be compelled to disclose any confidential communication that the Court considers necessary to explain the evidence given on the delivery dispute, but no other communications about the supply contract.

When Section 134 BSA Does Not Apply

  • Protection against forced disclosure does not apply if the person offers to be a witness, for confidential communications that the Court finds necessary to explain the evidence given by that witness.
  • Compelled disclosure by a person who offers to be a witness does not extend to any confidential communications beyond those necessary to explain the evidence given.

Section 134 BSA in the IEA (Previous Law)

Section 134 BSA replaces Section 129 IEA from the old criminal code.

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.

FAQs on Section 134 BSA

What is Section 134 BSA?▼

Section 134 of the Bharatiya Sakshya Adhiniyam, 2023 states that no person can be forced to disclose to the Court any confidential communication with a legal adviser. If the person offers to be a witness, the person may be forced to disclose only such confidential communications as the Court finds necessary to explain the evidence given, and no others.

Can the Court force a person to reveal confidential talks with a legal adviser under Section 134 BSA?▼

No. Under Section 134 BSA, a person cannot be compelled to disclose any confidential communication with a legal adviser unless that person volunteers to be a witness.

Does a person who volunteers as a witness lose protection for all confidential communications with a legal adviser under Section 134 BSA?▼

No. The person may be compelled to disclose only the confidential communications that the Court finds necessary to explain the evidence given by that witness, and no others.

What is Section 134 BSA in IEA?▼

Section 129 IEA. Section 134 BSA replaced Section 129 IEA on 1 July 2024 with no substantive change, using the singular word communication in the heading and dropping the word professional before adviser in the text.

Have questions about Section 134 BSA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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

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