IEA §128 → BSA §134
Privilege not waived by volunteering evidence
Jump to section
Comparison
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, 1. Subs. by Act 3 of 1887, s. 1, for the original s. 125. 2. Subs. by Act 18 of 1872, s. 10, for “criminal”. 3. Ins. by s. 10, ibid. 1[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.
134. No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal 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.
What changedAI-inferred
Privilege not waived by volunteering evidence.
Old position
IEA 128 is concerned with Privilege not waived by volunteering evidence. Privilege not waived by volunteering evidence
New position
BSA 134 preserves the framework with drafting modernisations as required by the new code. Topic: No one shall be compelled to disclose to the Court any confidential.. No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such
BSA 134 (No one shall be compelled to disclose to the Court any confidential.) preserves the framework of IEA 128. BSA 134 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 134 text: No one shall...
Editorial deltaAI-indicated (source-linked)
BSA 134 (No one shall be compelled to disclose to the Court any confidential.) preserves the framework of IEA 128. BSA 134 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 134 text: No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 128 continues to apply. For matters from that date forward, BSA 134 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 134 (No one shall be compelled to disclose to the Court any confidential.). 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 §128 → BSA §134 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/iea/128.
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.