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Which one of the following statements is correct?
The protection of professional communication as provided under Indian Evidence Act, 1872, in section 126 to 129 is available only
For engaging an advocate to plead his case.
For disclosing communication to advocate or his colleagues
Before commission of the offence or illegal acts.
After commission of the crime or illegal acts.
Section 126 of Indian Evidence Act - 126. Professional communications. –– No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client’ sex press consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, 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 employment or to disclose any advice given by him to his client in the course and for the purpose of such employment: Provided that nothing in this section shall protect from disclosure –– (1) any such communication made in furtherance of any 2 [illegal] purpose, (2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, 3 [pleader], attorney or vakil 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 employment has ceased.
Section 127 of Indian Evidence Act - 127. Section 126 to apply to interpreters, etc. –– The provisions of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils.
Section 128 of Indian Evidence Act - 128. 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 126; and, if any party to a suit or proceeding calls any such barrister, [pleader], attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose.
Section 129 of Indian Evidence Act - 129. Confidential communications 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 professional 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.
By: Parvesh Mehta ProfileResourcesReport error
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