Privileged Communication under BSA / Evidence Act

Описание: Privileged communication under the Indian Evidence Act (IEA) protects confidential talks in specific relationships (like spouses, lawyer-client) from forced disclosure in court, encouraging open & honest sharing without fear, with key sections covering marital (Sec 122) and professional (Sec 126) communications, though exceptions exist for harm or joint crimes.
Here's a breakdown of key types:
1. Marital Communication (Section 122)
What it protects: Communications between spouses during their marriage.
Purpose: To preserve marital harmony and trust.
Key Rule: Neither spouse can be compelled to disclose these talks, even after divorce, unless the spouse who made the communication consents.
Exception: If a spouse commits an offense against the other, or in proceedings between them (like divorce), they can disclose it.
2. Professional Communication (Sections 126-129)
Lawyer-Client (Sec 126): Protects confidential communications between a legal advisor and their client, including agents, preventing lawyers from being forced to reveal client info.
Purpose: Ensures clients can speak freely with lawyers.
Waiver: The privilege is lost if the client shares the info with a third party.
3. Other Key Privileges
Communications to Government Officers (Sec 124): Protects official communications made to public officers in official confidence.
Information as to Crime (Sec 125): Protects police/magistrates from revealing sources of information about crime.
Journalist-Source (Section 126A - in BSA 2023): New law protects journalists from revealing sources (not in old IEA).
Core Principles & Exceptions
No Third Parties: Must be strictly between the protected parties.
No Compulsion: Courts can't force disclosure.
Exceptions: Applies to harm (abuse, threats to self/others), crimes committed together, or if the privilege is waived by sharing with unauthorized persons