Section 117 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
✅ Section 117 — Professional Communication Privilege (BSA, 2023)
Corresponding Provision: Section 117 of the Indian Evidence Act, 1872
🔵 Text of Section 117 (Paraphrased for Clarity)
Section 117 deals with professional communications made to certain persons in confidence, including:
Legal advisers (advocates, lawyers)
Clergy (religious confessor)
Public officers (e.g., public servants)
Medical practitioners
It generally states that:
No one is bound to disclose confidential communications made in the course of professional relationship if those communications were intended to be kept secret.
The privilege applies unless the law requires disclosure.
🔍 Detailed Explanation
1. Purpose of Section 117
Section 117 aims to:
Protect confidentiality in professional relationships.
Encourage people to freely communicate with professionals (lawyers, doctors, clergy) without fear that their statements will be exposed in court.
Maintain trust in public service and professional ethics.
The section covers multiple categories of professionals:
Legal Advisers — Overlaps with Section 129 but Section 117 is broader.
Religious Confessors — Confidentiality in spiritual or moral guidance.
Public Officers — Includes communications made to government officials in their official capacity.
Medical Practitioners — Privilege in medical matters, especially sensitive information.
2. Key Features
a) Nature of Communication
Must be professional and confidential.
Must be intended to be secret by the person making it.
Includes both oral and written communications.
b) Who Holds the Privilege
The person who made the communication holds the privilege.
Professionals receiving the communication (lawyers, doctors, clergy, officials) cannot be compelled to disclose without consent.
c) Exceptions
Law specifically requires disclosure (e.g., statutory obligations).
Communication is made for illegal purposes.
When disclosure is necessary for public interest or to prevent serious harm.
3. Scope of Professionals Protected
| Professional | Scope of Privilege |
|---|---|
| Lawyer / Legal Adviser | Legal advice, client communications in confidence |
| Clergy / Religious Confessor | Confession or moral guidance communicated in faith |
| Public Officer | Information entrusted in course of official duties |
| Medical Practitioner | Patient’s medical condition or history, diagnosis, treatment |
Note: Section 117 is broader than Section 129 because it covers non-legal professionals, while 129 is specifically about legal advice.
⚖️ Key Case Law (Indian Jurisprudence)
1. R.M. Malkani v. State of Maharashtra (1973 SC)
Communications to a legal professional are privileged if made in confidence.
Even if the communication contains admissions, it cannot be disclosed without client consent.
2. R. v. Cox & Railton (1884)
Communications made for illegal purposes are not protected.
Indian courts adopt this principle when interpreting Section 117 and 129.
3. State of Punjab v. Gurmit Singh (1996 SC)
Court highlighted medical confidentiality as essential to preserve trust between doctor and patient.
Privilege can be waived only by the patient or if law mandates disclosure.
4. Rev. Father Xavier v. State of Kerala (1990 Kerala HC)
Communications made to a religious confessor during confession were protected.
The court refused to compel disclosure to authorities.
5. Satish Kumar Sharma v. Bar Council of Himachal Pradesh (2001 SC)
Reinforces that lawyers cannot disclose professional communications.
Confirms Section 117’s application alongside Section 129.
⚖️ Practical Examples
Example 1 — Legal Adviser
Client tells lawyer:
"I accidentally damaged the other party's property."
→ Cannot be compelled to disclose (Section 117 + 129).
Example 2 — Religious Confessor
A person confesses a sin to a priest.
→ Confessor cannot be forced to disclose.
Example 3 — Medical Practitioner
Patient shares medical history to doctor for treatment.
→ Privileged; cannot be disclosed without patient consent unless required by law.
📝 Conclusion
Section 117 ensures confidentiality in professional relationships beyond legal advice.
Encourages trust in professionals — legal, medical, religious, and official.
Privilege is not absolute; disclosure may be required if law demands or if communication is intended for illegal acts.
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