What Is BSA Section 132?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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, a client, says to B, an advocate—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 advocate—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 advocate, 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 professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.

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

Brefe Detail

Section 132 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that advocates cannot disclose communications made by clients during their professional relationship without express consent. This section emphasizes confidentiality in the attorney-client relationship while outlining exceptions for communications related to illegal activities or observed fraudulent actions. The obligation of confidentiality continues even after the professional service ends.

Question & Answers

What does Section 132 state about advocate-client communications?

It states that no advocate can disclose client communications made in the course of their service without the client's express consent, except under specific circumstances.

What are the exceptions to the confidentiality rule?

The exceptions include communications made in furtherance of illegal purposes and any facts observed by the advocate that indicate a crime or fraud has been committed.

Does the obligation of confidentiality end when the professional service ceases?

No, the obligation continues even after the professional service has ended.

Who else does this section apply to besides advocates?

The provisions apply to interpreters, clerks, and employees of advocates.

Example

• If a client confesses to an advocate about committing a crime but does not request advice on how to proceed, that communication is protected.
• If a client instructs an advocate to prepare a lawsuit based on forged documents, that communication is not protected and can be disclosed.
• If an advocate observes evidence of fraud while working on a case, they are obligated to disclose that information, as it relates to a crime committed during their service.

Summary

Section 132 of the Bhartiya Sakshya Adhiniyam, 2023, underscores the importance of confidentiality in the advocate-client relationship while allowing for exceptions when illegal activities or fraudulent actions are involved. The section reinforces the continuing obligation of confidentiality even after professional services have ended, extending to advocates’ staff as well.