Section 133 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 133 – Privilege Not Waived by Volunteering Evidence
Text (in simple terms)
Section 133 basically says:
If a person gives evidence in a case on their own or otherwise, this does not mean they have automatically agreed to reveal confidential communications with their lawyer (protected under Section 132).
Similarly, if a party calls their own lawyer as a witness, it does not automatically mean that confidential communications are open to the court.
Privilege is considered waived only if the party specifically questions the lawyer about matters that would otherwise be confidential.
Meaning and Explanation
Protection of legal privilege
Section 132 of the BSA protects communications between a lawyer and client.
Section 133 ensures that even if the client gives evidence, this does not automatically waive this privilege.
Privilege is waived only intentionally
If you call your own lawyer to testify, privilege remains intact unless you ask questions that involve confidential matters.
For example: Asking about general facts is okay, but asking your lawyer what advice they gave you about the case waives privilege for that specific advice.
Encourages free testimony
Witnesses or parties can give evidence without fear that doing so will reveal private legal advice.
Illustration
Suppose:
Mr. A is a defendant in a civil case.
He has received confidential advice from his lawyer, Mr. B.
Mr. A decides to testify in court about the facts of the case.
Under Section 133:
Simply giving testimony does not make Mr. A’s lawyer reveal the confidential advice.
If Mr. A calls Mr. B as a witness and asks about facts unrelated to advice, privilege is still preserved.
Privilege is waived only if Mr. A asks Mr. B about the advice given specifically to him about the case.
Purpose of Section 133
Protects client–lawyer confidentiality.
Allows parties to give evidence freely without losing privilege.
Ensures that privilege is waived only intentionally, not automatically.
Key Points to Remember
Testifying in court ≠ automatic waiver of privilege.
Calling your lawyer as a witness ≠ automatic waiver.
Privilege is waived only for matters specifically questioned by the party about confidential communications.
This section works together with Section 132 (confidential communication with legal advisers) to protect legal professional privilege.
RELATED Blog
comments