Section 127 IEA: Section 126 to apply to interpreters, etc
Indian Evidence Act, 1872
Section 127 IEA at a Glance
Section 127 IEA deals with section 126 to apply to interpreters, etc. From 1 July 2024 it is replaced by Section 132(3) BSA.
Section 127 IEA Bare Act Text
127. Section 126 to apply to interpreters, etc
The provisions of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils.
Source: Section 127, Indian Evidence Act, 1872
Section 127 IEA in Simple Words
Section 127 of the Indian Evidence Act, 1872 extends the rule on professional communications in Section 126 IEA to interpreters, and to clerks or servants working for a barrister, pleader, attorney or vakil. Because legal work can require translation or office help, the law stops these people from disclosing what a client shares for the employment.
Under the rule applied from Section 126 IEA, an interpreter, clerk or servant cannot disclose communications made by the client, or on the client's behalf, during and for the legal practitioner's employment. They also cannot state a document's contents or condition learned during that professional employment, or disclose advice given to the client. This obligation continues even after the employment ends, unless the client gives express consent.
The same exceptions in Section 126 IEA also apply. A communication made to further an illegal purpose is not protected from disclosure. A fact observed during employment that shows a crime or fraud committed after the employment began is also not protected, whether or not the client pointed it out.
When Section 127 IEA Applies
- Applies to interpreters used in the work of a barrister, pleader, attorney or vakil.
- Applies to clerks or servants working for barristers, pleaders, attorneys and vakils.
- Applies the rules of Section 126 IEA that bar disclosure of client communications, document details and legal advice without the client's express consent.
Example of Section 127 IEA
Section 127 IEA in the BSA
Section 127 IEA is now covered under Section 132(3) BSA.
Section 127 of the Indian Evidence Act, 1872 became Section 132(3) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. It now covers "interpreters, and the clerks or employees of advocates", where the IEA said "clerks or servants" of barristers, pleaders, attorneys and vakils.
View detailed comparison (IEA 127 vs BSA 132(3)) →FAQs on Section 127 IEA
What is Section 127 IEA?▼
Section 127 of the Indian Evidence Act, 1872 applies the rule on professional communications in Section 126 IEA to interpreters, and to clerks or servants working for barristers, pleaders, attorneys and vakils. Without the client's express consent, these persons cannot disclose client communications, document details or legal advice learned during the practitioner's employment.
Can a practitioner's clerk be forced in court to reveal a client's statement when the practitioner cannot?▼
No. Because Section 127 IEA applies Section 126 IEA to the clerks and servants of a barrister, pleader, attorney or vakil, a clerk is under the same bar on disclosure as the legal practitioner.
Do the exceptions in Section 126 IEA also apply to interpreters, clerks and servants under Section 127 IEA?▼
Yes. Because all the provisions of Section 126 IEA apply under Section 127 IEA, communications made to further an illegal purpose and facts observed during employment showing a new crime or fraud are not protected.
What is Section 127 IEA in BSA?▼
Section 132(3) BSA. From 1 July 2024, Section 127 IEA became Section 132(3) BSA with the same rule, covering interpreters and an advocate's clerks or employees instead of clerks or servants of barristers, pleaders, attorneys and vakils.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·