Privileged Communication in Evidence Act
Q.1 What is the Privileged Communication in Evidence Act?
Privileged Communication in Evidence Act refers to certain types of confidential
communication that cannot be disclosed as evidence in court without the consent of
the person who shared the information. This protection is provided to ensure trust in
specific relationships.
The concept of privileged communication is designed to encourage trust and
openness in specific relationships, ensuring that certain sensitive information
remains confidential.
These privileges aim to protect the privacy of conversations or information shared
within these relationships, promoting honesty and trust.
Types of Privileged Communication
1. A. Professional Communication
Lawyer and Client (Section 126-129):
Communication between a client and their legal advisor is protected.
A lawyer cannot disclose any information shared by their client, except with the
client’s consent.
B. Marital Communication (Section 122)
Communication between husband and wife during the marriage is protected.
Purpose: To safeguard trust and privacy in the marital relationship.
Purpose of Privileged Communication
To maintain trust in important relationships like lawyer-client, spouses, or state
affairs.
To protect confidentiality and encourage free communication.
To balance the need for evidence in court and privacy.
Q.2 Provisions Dealing With Privileged Communication in
Evidence Act
1. Section 122: Marital Privilege
Scope: Protects communication between husband and wife.
Rule:
o No person can disclose any communication made during the
marriage by their spouse.
o Applies even after the marriage ends.
Purpose: To maintain trust and privacy in marital relationships.
EXAMPLE :
Facts: TJ Ponnan sent letters to his wife, Rathi, containing defamatory remarks
about her father, MC Verghese. The letters were shared with the father-in-law,
who filed a defamation suit.
Kerala High Court: Dismissed the letters as evidence, citing Section 122 of the
Indian Evidence Act, which protects communication between spouses during
marriage.
Supreme Court: Ruled that while a spouse cannot disclose such
communication, a third party (like the wife’s father) who received the letters
can use them as evidence.
2. Section 123: State Privilege (Affairs of State)
Rule:
o No one can give evidence derived from unpublished official
records related to State affairs.
o Requires the permission of the head of the department.
Purpose: To protect national interest and State secrets.
EXAMPLE:
Facts: Mr. Raj Narain accused the misuse of public funds during the Prime
Minister's re-election and requested the production of the Blue Book
(guidelines for PM's safety). The Allahabad High Court ordered its production,
rejecting its classification under Section 123 of the Indian Evidence Act.
Supreme Court's View: Section 123 protects unpublished government records
to prevent harm to public interest, but when public interest in disclosure
outweighs non-disclosure, courts can demand the document's production.
Judgment: The Supreme Court upheld the Allahabad High Court's decision,
affirming that the judiciary has the right to assess whether a document serves
public interest.
3. Section 124: Official Communications
Rule:
o A public officer cannot be compelled to disclose official
communication made to them in confidence.
Purpose: To maintain confidentiality of sensitive official matters.
Provisions Dealing With Privileged Communication in the Indian
Evidence Act
1. Section 122: Marital Privilege
Scope: Protects communication between husband and wife.
Rule:
o No person can disclose any communication made during the
marriage by their spouse.
o Applies even after the marriage ends.
Purpose: To maintain trust and privacy in marital relationships.
Exception: If one spouse consents or in cases of disputes between
spouses.
2. Sections 126-129: Professional Communications (Lawyer-Client
Privilege)
Section 126:
o A lawyer cannot disclose communication made by their client
during professional employment.
o Includes:
Oral and written communication.
Legal advice and documents prepared.
Section 127: Extends privilege to interpreters, clerks, and servants of
lawyers.
Section 128: Client privilege continues unless the client waives it.
Section 129: No one can be forced to disclose personal communication
made with their lawyer when seeking legal advice.
Exception:
o If the communication is for an illegal purpose.
o If the lawyer becomes a witness in a dispute between the client
and themselves.
3. Section 123: State Privilege (Affairs of State)
Rule:
o No one can give evidence derived from unpublished official
records related to State affairs.
o Requires the permission of the head of the department.
Purpose: To protect national interest and State secrets.
Exception: Court can examine if the document is essential for justice.
4. Section 124: Official Communications
Rule:
o A public officer cannot be compelled to disclose official
communication made to them in confidence.
Purpose: To maintain confidentiality of sensitive official matters.
Exception: With the permission of the authority or if public interest
requires disclosure.
5. Section 125: Privilege for Confidential Information
Protects communication made to a public officer regarding offenses.
Example: Confidential informants' details are protected to ensure their
safety.
5. Sections 126-129: Professional Communications (Lawyer-Client Privilege)
Section 126:
o A lawyer cannot disclose communication made by their client
during professional employment.
o Includes:
Oral and written communication.
Legal advice and documents prepared.
Section 127: Extends privilege to interpreters, clerks, and servants of
lawyers.
Section 128: Client privilege continues unless the client waives it.
Section 129: No one can be forced to disclose personal communication
made with their lawyer when seeking legal advice.
