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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

In a suit, defendant Nirmal calls his advocate Rao as a witness and asks him only about the date on which the advocate was engaged, a matter Rao could disclose anyway. Under Section 133, when will Nirmal be deemed to have consented to disclosure of privileged communications by calling Rao?

Consent is deemed only if Nirmal questions the advocate on matters the advocate would otherwise not be at liberty to disclose. Under Section 133, merely calling the advocate as a witness does not waive privilege; the content of the questions decides it.

  1. AAlways, because he called the advocate as a witness
  2. BNever, since privilege cannot be waived by a party
  3. COnly if he questions the advocate on matters which, but for that question, the advocate would not be at liberty to discloseCorrect
  4. DOnly if the opposite party also questions the advocate

Explanation

Section 133 provides that a party who calls such advocate as a witness is deemed to consent to disclosure only if he questions the advocate on matters which the advocate could not otherwise disclose. Here the question concerns a matter disclosable anyway, so there is no waiver. Option A ignores this limitation.

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