What is Professional Communications? In a case Ramesh, a client, says to Ashwin, his Advocate, "I stole a bike and I whish you to defend me" Ashwin refused to plead his case. Later on Ashwin gives evidence against Ramesh

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
What is Professional Communications? In a case Ramesh, a client, says to Ashwin, his Advocate, "I stole a bike and I whish you to defend me" Ashwin refused to plead his case. Later on Ashwin gives evidence against Ramesh about this communication. Is this communication protected from disclosure under the Indian Evidence Act, 1872? Explain.

Answer & Explanation:

There are some facts of which evidence cannot be given though they are relevant, such as facts coming under Sections 122, 123, 126 and 127 of the Indian Evidence Act, 1872. These Commutations between parties are known as Privileged Communication. Section 126 to 129 of the Indian Evidence Act, 1872 deals with the professional communications between a legal adviser and a client, which are protected from disclosure. A client cannot be compelled and a legal adviser cannot be allowed without the express consent of his client to disclose oral or documentary communications passing between them in professional confidence. The rule is founded on the impossibility of conducting legal business without professional assistance and securing full and unreserved communication between the two. Under Sections 126 and 127 neither a legal adviser i.e. a barrister, attorney, pleader or vakil nor his interpreter, clerk or servant can be permitted to disclose any communication made to him in the course and for the purpose of professional employment of such legal adviser or to state the contents or condition of any document with which any such person has become acquainted in the course and for the purpose of such employment. In the present case, the communication made by Ramesh is protected from disclosure. Evidence given by Ashwin regarding this communication shall not be admissible in the court.

Topics: Indian Evidence Act

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