BSA §132
Professional communications.
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Comparison
126. Professional communications. –– No barrister, attorney, pleader or vakil, 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 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. Illustrations (a) A, a client, says to B, an attorney –– “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 attorney –– “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 attorney, 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 employment. This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
132.
(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. Competency of husband and wife as witnesses in certain cases. Judges and Magistrates. Communications during marriage. Evidence as to affairs of State. Official communications. Information as to commission of offences. Professional communications.
(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.
What changedAI-inferred
Professional communications.
Old position
IEA 126 is concerned with Professional communications. Professional communications
New position
BSA 132 preserves the framework with drafting modernisations as required by the new code. Topic: Professional communications.. 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
BSA 132 (Professional communications.) preserves the framework of IEA 126. BSA 132 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 132 text: No advocate, shall at any time be permitted, unless...
Editorial deltaAI-indicated (source-linked)
BSA 132 (Professional communications.) preserves the framework of IEA 126. BSA 132 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 132 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 126 continues to apply. For matters from that date forward, BSA 132 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 132 (Professional communications.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §126 → BSA §132 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/132.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.