Section 126 · Professional communications
Text size — level 1 of 4
No barrister, attorney, pleader or vakil 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 as such barrister, pleader, attorney or vakil, by or on behalf
of his client, or to state the contents or condition of any document with which he has become acquainted
in the course and for the purpose of his professional employment or to disclose any advice given by him
to his client in the course and for the purpose of such employment:
Provided that nothing in this section shall protect from disclosure --
(1) any such communication made in furtherance of any 1[illegal purpose],
(2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such barrister, 2[pleader], attorney or vakil was or was not directed to such fact by or on behalf of his client.
Explanation. The obligation stated in this section continues after the employment has ceased.
Illustrations
(a) A, a client, says to B, an attorney I have committed forgery and I wish you to defend me.
As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.
(b) A, a client, says to B, an attorney I wish to obtain possession of property by the use of a forged deed on which I request you to sue.
This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.
(c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B observes that an entry has been made in As account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.
This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
Provided that nothing in this section shall protect from disclosure --
(1) any such communication made in furtherance of any 1[illegal purpose],
(2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such barrister, 2[pleader], attorney or vakil was or was not directed to such fact by or on behalf of his client.
Explanation. The obligation stated in this section continues after the employment has ceased.
Illustrations
(a) A, a client, says to B, an attorney I have committed forgery and I wish you to defend me.
As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.
(b) A, a client, says to B, an attorney I wish to obtain possession of property by the use of a forged deed on which I request you to sue.
This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.
(c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B observes that an entry has been made in As account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.
This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
In the new law
IEA 126BSA 132 (1)
132 (1)
Compare the two texts →Your private note on this section
Only you can see this note.