Section 133 BSA 2023 - Privilege Not Waived by Volunteering Evidence

Section 133 of the Bharatiya Sakshya Adhiniyam, 2023 protects advocate-client privilege from being treated as waived merely because a party voluntarily gives evidence. The provision must be read with Section 132 on professional communications.

Text of Section 133

133. Privilege not waived by volunteering evidence. If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose.

Meaning and scope of Section 133

The rule prevents an automatic loss of professional privilege. A party does not waive the protection given by Section 132 merely by entering the witness box or otherwise volunteering evidence in the suit.

The second part deals with a party who calls an advocate as a witness. Calling the advocate does not, by itself, amount to a general waiver. Consent to disclosure is treated as given only to the extent that the party questions the advocate about matters that the advocate would otherwise be prohibited from disclosing.

Connection with Section 132 - professional communications

Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 restricts an advocate from disclosing protected communications made in the course and for the purpose of professional service, subject to the statutory exceptions stated in that section. Section 133 explains when conduct by the client will, and will not, be treated as consent to disclosure.

Key legal effect

A party giving evidence does not automatically waive advocate-client privilege.
Calling an advocate as a witness does not create a blanket waiver.
Waiver is limited to matters on which the party questions the advocate and which the advocate could not otherwise disclose.
The provision operates together with Section 132 and should be interpreted in that context.

When the Bharatiya Sakshya Adhiniyam applies

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 170 repealed the Indian Evidence Act, 1872, while saving applications, trials, inquiries, investigations, proceedings and appeals that were already pending immediately before commencement. Such pending matters continue to be dealt with under the Indian Evidence Act, 1872.

Practical note: Before relying on Section 133, check whether the proceeding commenced before or after 1 July 2024 because the saving clause in Section 170 may determine which evidence law governs the matter.

Official source

The official text of the Bharatiya Sakshya Adhiniyam, 2023 is available through India Code, Ministry of Law and Justice.

India Code - Bharatiya Sakshya Adhiniyam, 2023

Last reviewed: 13 September 2026.