Facts of the Case
A client approaches an advocate for legal assistance and states:
“I have committed forgery and I wish you to defend me.”
This statement was made for the purpose of obtaining legal advice and defence. Subsequently, the advocate desires to disclose this communication, either in court or to third parties.
The question arises whether such disclosure is legally permissible, and whether the communication is admissible as evidence against the client.
Issues in the Case
- Whether communications between an advocate and a client are protected under the Indian Evidence Act, 1872?
- Whether an advocate can disclose a confession or admission of guilt made by a client during professional engagement?
- Whether admitting commission of forgery to seek legal defence falls under any exception to privileged communication?
Legal Principles Covered to Support Case Proceedings and Judgements
A. Advocate–Client Privilege – Section 126, Indian Evidence Act, 1872
Section 126 provides that:
No advocate shall, without the express consent of his client, disclose any communication made to him in the course and for the purpose of professional employment.
Key Principles:
- The privilege applies to all communications made for legal advice or defence.
- The protection extends to confessions and admissions of guilt.
- The privilege is for the benefit of the client, not the advocate.
- The advocate is not permitted to disclose, even if personally willing.
B. Exceptions to Privilege
Section 126 contains limited exceptions where disclosure is allowed:
- Communication made in furtherance of an illegal purpose, or
- Facts observed by the advocate showing a crime or fraud committed since the commencement of employment.
Application here:
- The client admitted a past offence (forgery).
- The admission was made only to seek legal defence, not to plan or continue an illegal act.
- Hence, no exception applies.
C. Supporting Provisions
- Section 127 – Privilege extends to clerks and employees of the advocate.
- Section 128 – Privilege may be waived only by the client, not the advocate.
- Bar Council of India Rules – Mandate advocates to maintain professional confidentiality.
D. Judicial Interpretation
- Queen-Empress v. Khwaja Nazir Ahmad (1916)
- Communications made for legal defence are absolutely privileged.
- M.O. Mathai v. State of Kerala (2010)
- Advocate cannot disclose a client’s admission of guilt unless it falls under statutory exceptions.
- T.T. Antony v. State of Kerala (2001)
- Advocate–client communication is inadmissible unless privilege is expressly waived.
E. Application to the Present Case
- The statement was made during professional engagement.
- It relates to a past offence, not future illegal activity.
- It was intended solely for legal defence.
- Therefore, the communication is privileged and protected.
Possible Judgement
The Court is likely to hold that:
- The communication made by the client to the advocate is privileged under Section 126 of the Indian Evidence Act, 1872.
- The advocate cannot disclose the client’s statement without express consent of the client.
- The statement is inadmissible as evidence against the client.
- Any unauthorized disclosure would amount to professional misconduct by the advocate.
Final Conclusion
No, the advocate cannot disclose the client’s statement that he committed forgery. The communication is protected by advocate–client privilege under Section 126 of the Indian Evidence Act, 1872, as it was made in confidence for the purpose of legal defence and does not fall under any statutory exception.
About lawgnan
If you are seeking clear and reliable legal insights on evidence law, advocate–client privilege, and courtroom procedures, visit Lawgnan.in today. Our platform offers expertly crafted legal explanations, case analyses, and guidance tailored for law students, litigants, and professionals. Stay informed about your rights, procedural safeguards, and the nuances of criminal and civil litigation. Explore comprehensive articles, law notes, sample pleadings, and exam-oriented content designed to boost your understanding and confidence.
Click the link and empower your legal journey with accurate, trusted knowledge—only on Lawgnan.in.
