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Indian Evidence Act, 1872

IEA Section 126 in BSA

§ 126 IEA→§ 132 BSA

Professional communications. Section 126 of the Indian Evidence Act, 1872 (Professional communications) corresponds to Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.

Note: Advocate–client privilege

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, Professional Ethics & BCI Misconduct, worth 12 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Professional communications between an advocate and client are protected under:

Answer & explanation

Section 132 BSA

BSA Section 132 corresponds to IEA Section 126. The privilege does not extend to communications made in furtherance of any illegal purpose, or to facts showing a crime or fraud committed since the engagement.

Where to find it: BSA, Chapter IX

An advocate who has advised a party in a matter may:

Answer & explanation

Not act for the opposite party in the same matter

The rule protects confidentiality of professional communications, reinforced by the evidence law which protects advocate-client communications from disclosure.

Where to find it: BCI Rules, Part VI

Sections either side of it

How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:

IEAProvisionBSA
122Communications during marriage128
123Evidence as to affairs of State129
124Official communications130
129Confidential communication with legal advisers135
132Witness not excused from answering on ground that answer will criminate138
133Accomplice138

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IEA→BSA table