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Advocates cannot be compelled to disclose information before court (Attorney-Client Privillage)

Advocates cannot be compelled to disclose information before court (Attorney-Client Privillage)

                   (The Indian Evidence Act, 1872)

The Indian Evidence Act, 1872 provides that  attorneys, barristers, pleaders or vakils should not  disclose the information provided to him by his client.This is called a “Attorney-Client Privillage”

 

Section 126 ;Professional confidentiality

·        Any communications exchanged with the client should not be disclosed or shared during the course of professional engagement

·        Not to disclose about the contents or conditions of documents in possession of the legal representative during the course of the professional engagement.

Section 129;Cannot be compelled to reveal information before court

·        No one shall be compelled to disclose to the Court any confidential communication which is between a legal professional /adviser and a client

·        If someone offers himself as a witness, in that case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain the evidence he has given

·        Section applicable to Lawyers enrolled with the specific State Bar Council  Advocate or pleader or attorneys, or barristers, or vakils for the purpose of The Advocates Act, 1961 include only those lawyers who have enrolled with the specific State Bar Council  and not in-house lawyers

 

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