Note on 'Privileged Communications of Advocates'

In any judicial system, maintaining confidentiality between an advocate and their client is of utmost importance. This confidentiality is essential for the proper administration of justice and the protection of the client’s rights. In this context, Privileged Communications is a significant legal principle that keeps the conversations between an advocate and their client confidential and prevents them from being presented as evidence in court. In India, this principle is protected under Sections 126 to 129 of the Indian Evidence Act, 1872.

1. Meaning of Privileged Communications

Privileged communication refers to confidential conversations between a lawyer (advocate) and their client, which cannot be disclosed to any other person without the client's consent. Its primary objective is to provide the client with the confidence to speak transparently with their advocate without fear, ensuring they can fully disclose their case details. This confidentiality strengthens the ethical foundation and trust in the legal profession.

2. Provisions under the Indian Evidence Act, 1872

(i) Section 126 – Obligation of Advocates to Maintain Confidentiality

According to Section 126, any advocate professionally associated with a client cannot disclose their conversations or any information received from them in court without the client’s permission.

Exceptions:
However, in the following situations, an advocate may disclose privileged communication—

If the client grants explicit permission – The advocate can share the information if the client consents.
If the communication was made for an illegal purpose – If a client seeks legal advice to commit a crime, the communication is not protected under privilege.
If disclosure is necessary to protect the greater interest of society – If keeping the communication confidential could harm society, it may be revealed.

(ii) Section 127 – Confidentiality Obligation for Legal Assistants

Section 127 clarifies that legal assistants, such as clerks, stenographers, junior lawyers, etc., are also bound to maintain confidentiality regarding privileged communications. If an advocate shares confidential information with their assistant, the assistant cannot disclose it in court.

(iii) Section 128 – Disclosure with Client’s Consent

Under this section, an advocate can disclose privileged communication only if the client explicitly consents to it.

(iv) Section 129 – Protection of Client’s Confidential Communication

Section 129 states that any client who consults an advocate for legal advice can keep their communication confidential and cannot be compelled to disclose it in court.

3. Purpose and Importance of Privileged Communication

Privileged communication strengthens the advocate-client relationship and serves the following purposes—

Protecting the Client’s Rights: It assures the client that their information will remain confidential, allowing them to consult their advocate freely.
Ensuring Transparency in the Judicial Process: Trust between the client and advocate enables the client to provide complete information, leading to a fair legal process.
Maintaining Ethics in the Legal Profession: This principle imposes an ethical duty on advocates to safeguard their client’s information.
Assisting in Fair Defense: When clients can openly share information with their advocate, the advocate can present their case effectively in court.

4. Exceptions to Privileged Communication

In some circumstances, an advocate may have to disclose privileged communication, such as—

If the advocate suspects that the client is seeking legal advice for an unlawful purpose.
If the client is pressuring the advocate to be involved in illegal activities.
If withholding the information could endanger public interest.

5. Relevant Judicial Decisions in India

(i) P. Radhakrishna Reddy v. State of Andhra Pradesh – The court ruled that if a client consults an advocate to conceal a crime, such communication will not be considered privileged.

(ii) Gurunath v. Maruti (2019) – The Supreme Court reiterated that an advocate can disclose client information only when the client explicitly permits it or when the communication is made for an illegal purpose.

6. Conclusion

Privileged communication is a fundamental pillar of the advocate-client relationship, protecting client rights while ensuring transparency and fairness in judicial proceedings. This confidentiality upholds ethics in the legal profession and gives clients the confidence that their shared information remains secure. However, in specific exceptional circumstances, this privilege may be breached, but it should not be misused.

Thus, in India, privileged communication is not only legally safeguarded but is also essential for the efficiency of the judicial system and the protection of client rights.

Note on 'Privileged Communications of Advocates'