Privilege not waived by volunteering evidence.

What this section does

A party who gives evidence in a suit does not thereby consent to the disclosure of privileged advocate-client communications under section 132. If a party calls an advocate as a witness, consent to disclosure is deemed given only to the extent the party questions the advocate on matters that would otherwise be privileged.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Merely giving evidence or calling an advocate as a witness does not waive legal professional privilege unless the party actively questions the advocate on privileged matters.

When it applies

• A plaintiff who testifies in his own suit does not thereby allow his advocate to reveal confidential instructions.
• If a defendant calls his advocate as a witness but does not question him on privileged communications, those communications remain protected.

Derived from IEA s.128.