Facts of the Case
A client approaches an advocate in his professional capacity and confidentially informs him that he has committed an offence. The client further requests the advocate to defend him in court.
Subsequently, the advocate considers disclosing this communication to third parties or authorities and seeks to justify such disclosure.
Issues in the Case
- Whether the communication made by the client to the advocate is protected under the Indian Evidence Act, 1872?
- Whether an advocate is legally permitted to disclose a confession made by a client?
- Whether any exception to professional privilege applies in the present case?
Legal Principles Covered to Support Case Proceedings and Judgements
A. Professional Communications – Section 126, Indian Evidence Act, 1872
Section 126 provides:
No barrister, attorney, pleader or advocate shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment.
This protection extends to:
- All communications between advocate and client, and
- Advice given by the advocate in the course of employment.
The confession made by the client squarely falls within professional communication.
B. Object of Advocate–Client Privilege
- To ensure full and frank disclosure by the client
- To enable the advocate to provide effective legal assistance
- To maintain confidence in the administration of justice
Privilege is the client’s right, not the advocate’s.
C. Exceptions to Privilege
Under the provisos to Section 126, privilege does not apply where:
- The communication is made in furtherance of an illegal purpose, or
- The advocate comes to know that a crime or fraud is about to be committed.
Important Distinction:
- Admission of a past offence → Protected
- Communication intending to commit a future offence → Not protected
In the present case:
- The client admitted a completed offence, not a future crime.
D. Supporting Provisions
- Section 127: Extends privilege to interpreters and clerks.
- Section 128: Privilege continues even if client testifies.
- Section 129: Client cannot be compelled to disclose confidential communications.
E. Judicial Interpretation
- Queen Empress v. Dadu Pathan
- Confession to advocate regarding a past offence is privileged.
- N. M. Venkatachala v. K. S. Chandrasekhara
- Privilege is absolute unless exceptions apply.
- R. v. Cox and Railton
- Communication for future crime is not protected; past crime is.
F. Application to the Present Case
- The advocate received the confession in professional confidence.
- The communication relates to a past offence.
- No illegal purpose or future crime is involved.
- No express consent from the client to disclose.
Possible Judgement
The Court is likely to hold that:
- The communication made by the client to the advocate is protected under Section 126 of the Indian Evidence Act, 1872.
- The advocate cannot disclose the confession without the client’s express consent.
- The exceptions to privilege do not apply, as the offence admitted is already complete.
- Any disclosure by the advocate would amount to professional misconduct and breach of legal duty.
Final Conclusion
No, the advocate cannot disclose the communication. A confession made by a client to his advocate regarding a past offence is absolutely privileged under Section 126 of the Indian Evidence Act, 1872, and disclosure is prohibited unless it falls within statutory exceptions or is consented to by the client.
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