When in trouble, you look for a lawyer to guide you, or safeguard your interests, or represent you before the Court of Laws. Lawyers have to embrace a lot of client secrets and confidential information. But why does the Police not interrogate lawyers to know who committed a crime? That will be the easiest way to catch the criminals…..isn’t it? But in that case, the accused’s right to be defended, or client’s right to be represented before the Court, will be taken away. That is why the Evidence Law in India extends Advocate-Client privilege. To understand what it means, read the detailed explanation below.
Advocate-Client Privilege Rule
The general rule is that the communication between an Attorney and a Client is confidential. The said communication cannot be used as evidence in the Court of Law unless such communication itself is part of committing a further crime. In other words, the Police or even the Court cannot interrogate/summon an advocate for any confession or communication made by a client to a Lawyer. This is a privilege for both – the Advocate, and obviously the Client.
Attorney Client Privilege in Evidence Law
Earlier, the Indian Evidence Act lay about Advocate Client Privilege. The Bharatiya Sakshya Adhiniyam follows the suit and extends the privilege to communication between a Client and his/her Lawyer.
Professional Communication with Advocate
Section 132 of Bharatiya Sakshya Adhiniyam discusses Professional communication. Here comes the Advocate Client Privilege in express manner. The provision prohibits any advocate from disclosing any communication made with a client while performing his/her service as an advocate, unless the client expressly consents to such disclosure. It also covers any documents which the advocate may have come across during his professional service.
When does Attorney Client Privilege not apply?
There is an exception to this Attorney Client Privilege under Section 132 of BSA. There is no privilege or protection:
- If the communication is made for some illegal motive/purpose;
- For fact observed by the advocate regarding commitment of a crime since commencement of his/her service;
The lawyer-client privilege is not limited to the time when legal service persists. The said obligation continues even after their professional service has come to an end. In fact, the privilege is not just confined to advocates, but their staff as well (includes interpreters, clerks, employees)
Advocate-Client Privilege and Voluntary Evidence
There is a mention of Client’s consent in Section 132 of Bharatiya Sakshya Adhiniyam. The Section 133 of BSA further throws some light on that consent. It states that the client’s privilege is not said to be waived, if a party to a civil case gives evidence. If such party to civil or criminal case calls such advocate as a witness, in that case, consent of disclosure shall be deemed only if questions pertain to specified matters.
Lawyer-Client Confidentiality
The Section 134 of BSA 2023 lays about confidential communication with legal advisers. It clarifies that no person can be compelled to share about any confidential communication between a person and his legal adviser before the Court. An exception to the Advocate-Client Privilege rule here is when the said person voluntarily offers to be a witness himself/herself. In the latter scenario, the said person may be compelled to disclose about any such communication if necessary.
Conclusion
What can be inferred from the aforementioned discussion on Attorney Client Privilege, is that a client can share all about a case. Even if it is a guilty confession, the advocate cannot disclose such information in the Court of Law. In turn, the client cannot be interrogated in the Court of Law to confess about the communication made with his/her advocate. That’s how the Attorney-Client relationship stands aloof from scanning by the Investigating authorities and even the Courts.
