What Is BSA Section 133?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

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.

Brefe Detail

Section 133 of the Bhartiya Sakshya Adhiniyam, 2023, establishes that a party providing evidence in a suit does not waive their privilege regarding confidential information. It specifies that if a party calls an advocate as a witness, the privilege is only considered waived if the advocate is questioned on specific matters that would not typically be disclosed without such questioning.

Question & Answers

Q1: What does Section 133 state about giving evidence in a suit?

A1: It states that if a party gives evidence, they do not consent to disclose information protected under Section 132.

Q2: Under what condition is the privilege deemed to be waived when an advocate is called as a witness?

A2: The privilege is considered waived only if the party questions the advocate on matters that would not otherwise be disclosed.

Q3: What is the significance of Section 132 in relation to Section 133?

A3: Section 132 outlines the types of disclosures that are protected, and Section 133 clarifies that providing evidence does not waive that protection.

Example

1. Scenario 1: A party in a lawsuit testifies about a contract without revealing confidential negotiations. Under Section 133, this testimony does not waive their privilege regarding those negotiations.

2. Scenario 2: A lawyer is called to testify in a case. If the lawyer is asked about privileged communications without any prior questioning on that topic, the privilege remains intact.

3. Scenario 3: If a party questions the lawyer about a strategy discussed in private, the privilege may be waived only for that specific information.

Summary

Section 133 of the Bhartiya Sakshya Adhiniyam, 2023, ensures that parties in a suit do not inadvertently waive their privilege by providing evidence. It protects confidential information unless a party actively questions their advocate on matters that would not typically be disclosed.