“A” client says to “B” an attorney, “I have committed murder” of “C” and I wish you to defend me”. Can this communication be disclosed by an attorney?

Facts of the Case

‘A’ approached his lawyer, ‘B’, and confessed that he had committed the murder of ‘C’, requesting legal representation to defend him in the matter.

The question arises whether ‘B’, as an attorney, can disclose this communication in court or to third parties, or whether it is protected under the principles of professional confidentiality.

Issues in the Case

1. Whether a lawyer can disclose communications made by a client regarding a confessed crime?
2. Whether such communications are protected under law as privileged communications?
3. What is the scope and limitation of client-attorney privilege under Indian law?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Privileged Communications – Section 126, Indian Evidence Act, 1872

Section 126 of the Indian Evidence Act provides:

No advocate shall be permitted to disclose any communication made to him in the course of professional employment by his client, except with the client’s consent.

Essentials:

1. The communication must be made in the course of professional employment.
2. The communication must be between the client and advocate.
3. The communication must relate to professional legal advice or representation.

B. Scope of Client-Attorney Privilege

• The privilege protects the client’s right to confidential legal advice.
• The advocate cannot voluntarily disclose such communications in court or elsewhere.
• This ensures that clients can speak freely and truthfully with their lawyer without fear of self-incrimination.

Limitations:

• The privilege does not extend to communications made in furtherance of committing a future crime (e.g., planning a crime not yet committed).
• It applies to past crimes, including confessions, which are protected from disclosure by the lawyer.

C. Judicial Interpretation

1. R.K. Anand v. Delhi High Court (2009) – Reaffirmed that communications between client and lawyer in the course of legal advice are privileged and cannot be disclosed.
2. Courts have held that even if the client confesses to a past crime, the lawyer cannot disclose the information without the client’s consent.

In the present case, A’s confession regarding the murder of C falls within professional communication and is protected.

D. Indian Evidence Act – Application

• Section 126 ensures that A’s confession to his lawyer B cannot be used against A in any proceedings, unless A waives the privilege.
• The lawyer cannot voluntarily disclose the communication, even if it is highly incriminating.

Possible Judgment

The Court is likely to hold that:

1. The communication made by A to his lawyer B regarding the murder of C is privileged under Section 126 of the Indian Evidence Act, 1872.
2. B, as the advocate, cannot disclose the communication without A’s consent.
3. Any attempt by B to reveal this confession would be a breach of professional ethics and law.
4. The confession made in confidence to the lawyer is inadmissible as evidence against A in court.

Final Decision

The client’s confession to the attorney is protected under client-attorney privilege. B cannot disclose it, and it is inadmissible as evidence against A unless the client consents to disclosure.

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