What Is BSA Section 134?

Bhartiya Sakshya Adhiniyam, 2023 - Section 134: Confidential Communication with Legal Advisers

No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.

Brefe Detail

Section 134 of the Bhartiya Sakshya Adhiniyam, 2023, protects confidential communications between individuals and their legal advisers. It states that such communications cannot be disclosed in court unless the individual voluntarily offers themselves as a witness. In that case, they may only be compelled to reveal communications that are necessary to clarify the evidence they have provided.

Question & Answers

Q1: What does Section 134 state about confidential communications with legal advisers?

A1: It states that no one is compelled to disclose confidential communications with their legal adviser unless they offer themselves as a witness.

Q2: Under what condition can someone be compelled to disclose such communications?

A2: If a person offers themselves as a witness, they may be compelled to disclose communications necessary to explain the evidence they have provided.

Q3: Are there any limitations on the type of communications that must be disclosed?

A3: Yes, only those communications that the court deems necessary to explain the evidence given by the witness can be disclosed; no other communications are required.

Example

1. Scenario 1: A client consults their lawyer about a legal strategy. This communication remains confidential unless the client testifies in court.

2. Scenario 2: If the client decides to take the stand and discuss their case, they may have to reveal specific communications with their lawyer that are relevant to their testimony.

3. Scenario 3: A client shares personal details with their lawyer in a confidential meeting. If the client does not testify, these details remain protected and cannot be disclosed in court.

Summary

Section 134 of the Bhartiya Sakshya Adhiniyam, 2023, ensures the confidentiality of communications between individuals and their legal advisers. It allows for disclosure only when the individual voluntarily testifies, and only to the extent necessary to clarify their evidence.