Professional communications.
What this section does
An advocate cannot, without the client's express consent, disclose any communication made to him in the course of professional service, the contents of documents he became acquainted with professionally, or advice he gave the client. The privilege does not apply to communications made in furtherance of an illegal purpose or to facts observed by the advocate showing a crime or fraud committed after the commencement of his service. The obligation survives the end of the professional relationship and extends to interpreters, clerks, and employees of advocates.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Attorney-client communications are privileged and cannot be disclosed without the client's express consent, except where made in furtherance of an illegal purpose or where the advocate observes a post-retainer crime or fraud.
When it applies
- A client confesses past forgery to his advocate for the purpose of defence — the communication is protected from disclosure.
- A client instructs his advocate to sue on a forged deed — this communication in furtherance of a criminal purpose is not protected.
Practitioner note
Sub-section (3) expressly extends the privilege to interpreters and clerks/employees of advocates, consolidating what was formerly IEA s.127.
Derived from IEA s.126.
Read the official text
For the binding statutory text of BSA Section 132, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 132 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.