Privileged communication is a legal concept that preserves certain types of conversations from being revealed in the court.This makes sure of confidentiality in various scenarios like judicial proceedings, personal relationships, and professional advice.Sections 127-134 of the Bharatiya Sakshya Adhiniyam,2023(BSA) drafts these in detail by covering judges, married individuals, official records, and legal advice.
What is Privileged Communication?
Privilege in the legal circumstances means the exemption from being compelled to answer certain questions or give specific information, even if one is said to be a competent witness. Sections 127-134 of Bharatiya Sakshya Adhiniyam,2023(BSA) set up a framework for Privileged Communications.( Earlier under Section 121-129 of Indian Evidence Act)
Key Components
1.Privilege of Judges and Magistrates(Section 127 of BSA) – They get protection from being compelled to give evidence regarding-
- Their conduct in relation to a case in which they presided over.
- Any facts obtained in their capacity as a court during a trial. This protection can be bypassed only with a special order from a higher court.
2.Communication During Marriage(Section 128 of BSA) – This section protects communications between spouses made during their marriage, regardless of whether the marriage is still unbroken. Even if a spouse steps forward, they cannot reveal such communications. The law prohibits disclosure, but it doesn’t prevent such communication from being proved through other means, like conduct.
3.Evidence as to affairs of the state(Section 129 of BSA) – Individuals are prohibited from giving evidence obtained from Unpublished Official Records relating to state affairs without taking permission from the head of the relevant department. Permission can only be withheld on grounds of potential harm to public interest.
4.Official Communications (Section 130 of BSA) – Public officers have the privilege of not revealing communications made to them in official confidence if they believe that disclosing such facts would harm the public interest. They can voluntarily give up this privilege, and no objections can be raised against their disclosure.
5.Information As To Commission Of Offense (Section 131 of BSA) – Police officers and Magistrates beginning cases are protected from revealing who gave them information about the offense being committed. Similarly, revenue officers also cannot be questioned about the source of their information.
6.Professional Communication (Section 132 of BSA) – Advocates are strictly forbidden from revealing, without their client’s consent unless it relates to illegal activities or facts indicating a crime or fraud.The communication made should be-
- Made to them during the course of and for the purpose of their employment.
- The contents or conditions of documents came to their knowledge during their employment.
- Any advice given by them to their client during the course and for the purpose of their employment.
7.Privilege Not Waived by Volunteering Evidence (Section 133 of BSA) – A party in a legal proceeding who gives evidence does not automatically waive their right to keep certain communications confidential. If an advocate is called to testify, they only need to reveal what is specifically questioned.
8.Confidential Communication with Legal Advisers (Section 134 of BSA) – Individuals cannot be forced to reveal confidential communications with their legal advisers, except if they voluntarily testify and the communication is to explain their evidence.
Exceptions
- Judges and Magistrates can be questioned about their observations during legal proceedings but cannot ask about their judicial conduct or confidential knowledge gathered in their role.
- Marital Communications disclosure is permitted in situations where one spouse is prosecuted for crimes against the other, or there is a suit between married persons.
- Information of State affairs is only available with permission from the head of the department.
- Communications done for criminal purposes or observed facts of crimes are not protected under professional communication.
- Offering evidence does not waive the right to keep certain communications private.
Examples
- Marital Communications: If a person confesses to their spouse about a crime, this conversation cannot be revealed unless it’s relevant to a case involving criminal charges between the spouses.
- Confidential Communication: A client cannot be forced to reveal private conversation with their lawyer unless the client is testifying and the information is needed to explain their testimony.
Why is This Important?
Privileged communication is important for maintaining the uprightness of legal processes and by making sure that individuals can communicate independently within protected contexts. This protection promotes trust and openness in judicial and professional settings, motivating honest disclosures without fear of unintended consequences.
Sections 127-134 of Bharatiya Sakshya Adhiniyam,2023(BSA) are Privileged Communications which are instrumental in protecting confidential information within the Indian legal system. These sections enclose various forms of communication, like between judges, spouses, government officials, and legal professionals. By upholding confidentiality, they strengthen trust and maintain the integrity of sensitive information while promoting the principles of justice.
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