Section 132 Bharatiya Sakshya Adhiniyam, 2023: Professional communications

Section 132 of Bharatiya Sakshya Adhiniyam, 2023: Professional communications

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 132

Section 132 codifies Professional Communications Privilege, protecting confidential attorney-client communications from disclosure.

Core Legal Standard: Section 132 (formerly Section 126 IEA) provides that no advocate shall at any time be permitted, unless with their client's express consent, to disclose any communication made to them in the course.
Operational Application: For the purpose of their employment, or to state the contents or condition of any document with which they have become acquainted in the course of professional employment, or to disclose any advice given by them to their client.

Section 132 anchors the administration of justice by guaranteeing absolute confidentiality to client-attorney communications, preserving candid legal consultation without fear of compelled disclosure.

The privilege is perpetual, extending beyond termination of employment. The only exceptions are: (1) any communication made in furtherance of any illegal purpose; or (2) any fact showing that any crime or fraud has been committed since the commencement of employment.

Key Landmark Precedents:

Municipal Corp. of Greater Bombay v. Vijay Metal Works (1982) 1 SCC 547: Affirmed that attorney-client privilege under Section 126 IEA / Section 132 BSA is foundational to the administration of justice and cannot be breached without express client waiver.
Superintendent and Remembrancer of Legal Affairs v. Satyen Bhowmick (1981) 2 SCC 109: Reiterated that professional consultations between an advocate and accused are strictly privileged.

Legal Commentary:

Section 132 is the bedrock of the legal profession. A citizen accused of a crime or involved in high-stakes corporate disputes must be able to make full, candid disclosures to their legal counsel without fear that the lawyer will be compelled by the police or court to testify against them.