Section 132 BSA 2023: Professional Communications and Advocate-Client Privilege

Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 protects specified professional communications between an advocate and client from disclosure, subject to statutory exceptions involving an illegal purpose or facts showing a crime or fraud committed after the advocate's engagement.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) came into force on 1 July 2024. Section 132 appears in Chapter IX, "Of Witnesses", and deals with professional communications.

Meaning and scope of Section 132

In simple terms, Section 132 creates a rule of professional confidentiality for advocates. Unless the client gives express consent, an advocate cannot ordinarily disclose communications made by or on behalf of the client for the purpose of the advocate's professional service, reveal the contents or condition of documents examined in that professional capacity, or disclose advice given to the client in the course of that service.

The protection is not absolute. The section expressly excludes communications made in furtherance of an illegal purpose and facts observed by an advocate showing that a crime or fraud has been committed after the professional service began. The statutory obligation continues even after the professional service has ended.

Section 132 - statutory text

132. Professional communications.

(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 client tells an advocate that he has committed forgery and wants the advocate to defend him. Because defending a person known to be guilty is not itself a criminal purpose, the communication remains protected.

(b) A client asks an advocate to help obtain property by using a forged deed. Because the communication is made in furtherance of a criminal or illegal purpose, it is not protected.

(c) An advocate defending a person accused of embezzlement later observes a newly inserted entry in the client's account book which indicates a fraud committed after the engagement began. The observed fact is not protected.

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

What communications are protected?

Communications made by or on behalf of a client to an advocate for professional legal service.
Information about the contents or condition of documents learned by the advocate during professional service.
Advice given by the advocate to the client in the course of the professional engagement.
The confidentiality obligation continues even after the advocate-client engagement has ended.
The same statutory protection extends to interpreters and to clerks or employees of advocates.

When does the protection not apply?

Section 132 itself identifies two principal exceptions. First, privilege does not protect a communication made in furtherance of an illegal purpose. Second, it does not protect a fact observed by the advocate which shows that a crime or fraud has been committed after the advocate's professional service began.

Important distinction: A client may confidentially disclose a past offence for the purpose of obtaining legal advice or defence. That is different from seeking an advocate's assistance to carry out a future or continuing illegal purpose.

Related provisions

Section 132 should be read with the neighbouring provisions dealing with privilege and confidential legal communications. In particular, Section 133 deals with when privilege is not waived by volunteering evidence, while Section 134 addresses confidential communications with legal advisers.

Official sources

This page is intended as a general legal information resource. For the authoritative wording and application of the law to a particular matter, refer to the official text and obtain appropriate legal advice where necessary.