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

In a suit, plaintiff Harish gives evidence on his own behalf. His advocate's confidential communications with him are privileged. Which statement best reflects Section 133 of the Bharatiya Sakshya Adhiniyam, 2023?

Harish is not deemed to have consented to disclosure merely by giving evidence. Section 133 provides that a party who gives evidence in a suit, at his own instance or otherwise, does not thereby waive the privilege over communications with his advocate.

  1. AHarish is deemed to have consented to disclosure of all professional communications with his advocate
  2. BHarish is not deemed to have consented to disclosure merely because he gave evidenceCorrect
  3. CPrivilege ends once any party gives evidence in the suit
  4. DHarish's advocate must disclose communications if the Court requests

Explanation

Section 133 says a party who gives evidence at his own instance or otherwise is not deemed to have consented to the disclosure mentioned in section 132. So testifying does not waive privilege. Options A and C state the opposite, and D has no basis in the text.

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