Section 134 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 134 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 protects the confidentiality of communications between an individual and their legal adviser.(vidhiadda.com)
📜 Text of Section 134
Section 134 – Confidential Communication with Legal Advisers(kanoongpt.in)
No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.(indiankanoon.org)
⚖️ Legal Significance
Confidentiality of Legal Advice: This provision ensures that individuals can seek legal counsel without fear that their communications will be disclosed in court, promoting open and honest discussions between clients and their legal advisers.(vidhiadda.com)
Limited Disclosure: If an individual voluntarily testifies in court, they may be required to disclose communications with their legal adviser that are necessary to explain their testimony. However, only the relevant portions can be compelled, not the entire communication.(vidhiadda.com)
🧾 Practical Application
Legal Counsel: Individuals can freely consult with their legal advisers, knowing that their communications are protected from disclosure in court.
Testifying in Court: If a person chooses to testify, they may be required to disclose specific communications with their legal adviser that are necessary to clarify their testimony.(vidhiadda.com)
🧭 Summary
Purpose: To protect the confidentiality of communications between individuals and their legal advisers.
Scope: Applies to all confidential communications made in the course of seeking legal advice.
Limitations: Disclosure is only compelled if the individual voluntarily testifies and the communication is necessary to explain their testimony.
Section 134 of the BSA, 2023, safeguards the attorney-client privilege, ensuring that individuals can seek legal advice without concerns about confidentiality breaches in legal proceedings.
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