Section 134 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 134 BSA, 2023 – Confidential Communications with Legal Advisers
1. Text / Principle
Section 134 protects confidential communications between a person and their legal adviser. It says that:
No one can be forced to disclose these communications in court.
The only exception is if the person voluntarily gives testimony as a witness, and the court decides that some part of the communication is necessary to explain the testimony.
Even then, the disclosure is limited to only what is necessary — not the entire conversation.
Core Idea: Legal professional privilege — your lawyer–client conversations are private.
2. Purpose
The section ensures:
Trust and candid communication between client and lawyer.
Effective legal representation — clients can share all facts without fear.
Limits court intrusion — court can’t ask for irrelevant private discussions.
3. Who It Protects
The client or person communicating with the lawyer.
Applies to both civil and criminal proceedings.
Covers oral, written, or electronic communications with a legal adviser.
Note: The lawyer cannot waive this privilege — only the client can.
4. What Counts as Confidential Communication
Legal advice given by the lawyer.
Strategy discussions between client and lawyer.
Facts shared by the client to seek advice.
Instructions or questions posed by the client to the lawyer.
All these are protected unless the client voluntarily waives privilege or the court allows partial disclosure under the exception.
5. Exception
The only time disclosure may be compelled:
The person offers themselves as a witness in the case.
The court decides that some confidential communications are necessary to understand or explain the witness’s testimony.
Important: Only the necessary parts may be disclosed; unrelated communications remain protected.
6. Key Features
| Feature | Section 134 BSA |
|---|---|
| Rule | Communications with legal advisers are confidential. |
| Exception | If the client testifies, only communications necessary to explain testimony may be disclosed. |
| Privilege Holder | Client (not lawyer). |
| Scope | Civil and criminal cases. |
| Purpose | Protects trust in legal advice and ensures fair trial. |
7. Illustrative Examples
Example 1:
A defendant tells their lawyer about a mistake they made.
If the defendant does not testify, this conversation cannot be disclosed in court.
Example 2:
The same defendant testifies at trial.
The court may require disclosure of only those communications needed to explain the testimony.
The rest of the lawyer–client discussion remains protected.
Example 3:
A client emails detailed questions about a case strategy to their lawyer.
These emails are confidential and cannot be produced in court unless the client waives privilege or the court orders limited disclosure under Section 134.
8. Practical Implications
Always mark communications as confidential when sending to a lawyer.
Do not waive privilege lightly. Only share what is necessary if the court requests it.
Legal advisers must keep communications secure — breach could harm the client and violate legal ethics.
Helps maintain fair trial by allowing clients to be fully honest with their lawyers.
9. Comparison with Old Law
Under the Indian Evidence Act, 1872, the same principle was in Section 129.
BSA 2023 retains it with minor updates in terminology but the core legal professional privilege remains unchanged.
Summary:
Section 134 of the BSA 2023 ensures that clients can communicate openly with lawyers without fear of disclosure, while allowing the court to require limited disclosure only to explain testimony if the client chooses to testify. This balances privacy, fairness, and judicial need.
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