Section 129 of the Indian Evidence Act, 1872

Comments:

Principle and scope:

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Section 129 is a counter part of Section 126. It has been laid down in this section that no party to the a suit or proceeding shall be compelled to disclose any confidential communication taken place between him and his professional legal adviser unless he offers himself as a witness. If he offers himself as a witness he may be compelled to disclose such communication as may appear to the court in order to explain any evidence which he has given.

Sections 126, 127 and 128 deal with the situation where legal practioners are prohibited to disclose confidential communication whereas Section 129 imposes obligations upon the client not to disclose any confidential communication before the court given by his legal adviser. The disclosure of communication under section 129 should be enforced when it is strictly necessary. “To enable a counsel or solicitor to nip litigation in the bud by timely warning or suggestion, an expert knowledge of the fact is necessary; but if professional communications be embarrassed by any fear of disclosure, advice would have to be given on maimed or distorted statements.”

The principle laid down in this section is basically formulated “on exigencies of human affairs.” The effect of the section is that a person cannot be compelled to disclose any confidential communication which has taken place between him and legal professional adviser. Confidential communications between client and advocate have protection from compulsory disclosure. Neither the advocate nor the client is any obligation to spell it to a third person.