Section 126 IEA: Professional communications

Indian Evidence Act, 1872

Section 126 IEA at a Glance

Section 126 IEA deals with professional communications. From 1 July 2024 it is replaced by Section 132(1), 132(2) BSA.

Now BSA

Section 132(1), 132(2) →

Section 126 IEA Bare Act Text

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.

Source: Section 126, Indian Evidence Act, 1872

Section 126 IEA in Simple Words

Section 126 of the Indian Evidence Act, 1872 stops a barrister, attorney, pleader or vakil (types of legal practitioners) from disclosing client communications without express consent. This rule lets a client speak openly for legal help, including admitting a past offence to prepare a defence.

The practitioner cannot disclose what the client, or someone on the client's behalf, communicated during and for the employment. The practitioner also cannot state a document's contents or condition learned during and for that professional employment. Similarly, the practitioner cannot disclose advice given to the client during and for such employment. Under the Explanation, this obligation continues even after the employment ends. Only the client's express consent allows disclosure.

Section 126 IEA does not protect a communication made to further an illegal purpose. For instance, asking a practitioner to sue using a forged deed is not protected. It also does not protect a fact observed during employment showing a crime or fraud committed after employment began. It makes no difference whether the client directed the practitioner's attention to that fact or not.

When Section 126 IEA Applies

  • 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.

Example of Section 126 IEA

In 2022 in Pune, Ramesh hires Priya, a pleader, for defence in a theft trial and privately admits taking a watch. During the trial, the prosecution asks Priya to tell the court what Ramesh said about the watch. Because the admission was made for the purpose of the employment and does not further an illegal purpose, Section 126 IEA protects it. Without Ramesh's express consent, Priya cannot disclose the admission about the watch.

When Section 126 IEA 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 practitioner during employment that shows a crime or fraud committed after the employment began, whether or not the client pointed it out.

Section 126 IEA in the BSA

Section 126 IEA is now covered under Section 132(1), 132(2) BSA.

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).

View detailed comparison (IEA 126 vs BSA 132(1), 132(2)) →

FAQs on Section 126 IEA

What is Section 126 IEA?▼

Section 126 of the Indian Evidence Act, 1872 is the rule that protects professional communications between a client and a barrister, attorney, pleader or vakil. Without the client's express consent, the practitioner cannot disclose client communications, a document's contents or condition learned during the work, or legal advice given. It does not protect communications made to further an illegal purpose or facts observed during employment showing a new crime or fraud.

Does the duty not to disclose end when the case is over or the practitioner is changed?▼

No. Under the Explanation to Section 126 IEA, the obligation not to disclose continues even after the professional employment has ended.

Is a client's admission of a past crime to a defence pleader protected under Section 126 IEA?▼

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

What happens if a practitioner observes a new fraud committed by the client after the employment started?▼

Section 126 IEA does not protect a fact observed during employment that shows a crime or fraud committed after the employment began. It makes no difference whether the client directed the practitioner's attention to that fact or not.

What is Section 126 IEA in BSA?▼

Section 132(1) and Section 132(2) BSA. From 1 July 2024, Section 126 IEA became Section 132(1) and Section 132(2) BSA with the same rule, exceptions, Explanation and illustrations, while the words barrister, attorney, pleader or vakil were replaced with advocate and employment was replaced with service.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·