Delhi APO 2005

Which one of the following statements is correct? The protection of professional communication as provided under Indian Evidence Act, 1872, in section 126 to 129 is available only

Verified Answer
A. for engaging an advocate to plead his case
B. for disclosing communication to advocate or his colleagues
C. before commission of the offence or illegal acts
D. after commission of the crime or illegal acts

Explanation:

Section 126 of the Indian Evidence Act, 1872, protects professional communications between a client and their legal advisor. However, this protection does not extend to communications made in furtherance of any illegal purpose, or any fact observed by the legal advisor in the course of employment showing that any crime or fraud has been committed *since* the commencement of employment. Therefore, the protection is available for communications made *before* the commission of an offence or illegal acts, or for lawful purposes.