Supplementary evidence

Question

Communication with Client to his advocate  by e mail can take as evidence before Hon Court  Is it considered as a supplementary evidence

Vidhikarya · Accepted Answer

No communication between client and Advocate can be considered and taken up as evidence as it is classified as privileged communication.  Section 126 protects the communication between client and the advocate and the Section 129 protects advocates from giving evidence in the court. So Answer to your question is NO.Here are the Section for your perusalSection 126 in The Indian Evidence Act 1872126. Professional communications.No barrister attorney pleader or vakil shall at any time be permitted unless with his clients express consent to disclose any communication made to him in the course and for the purpose of his employment as such barrister pleader attorney or vakil by or on behalf of his client or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment Provided that nothing in this section shall protect from disclosure1 Any such communication made in furtherance of any 1illegal purpose 2illegal purpose2 Any fact observed by any barrister pleader attorney or vakil in the course of his employment as such showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister 2pleader attorney or vakil was or was not directed to such fact by or on behalf of his client. Explanation.The obligation stated in this section continues after the employment has ceased. Illustrationsa A a client says to B an attorneyI have committed forgery and I wish you to defend me. As the defence of a man known to be guilty is not a criminal purpose this communication is protected from disclosure.b A a client says to B an attorneyI wish to obtain possession of property by the use of a forged deed on which I request you to sue. This communication being made in furtherance of a criminal purpose is not protected from disclosure.c A being charged with embezzlement retains B an attorney to defend him. In the course of the proceedings B observes that an entry has been made in As account-book charging A with the sum said to have been embezzled which entry was not in the book at the commencement of his employment. This being a fact observed by B in the course of his employment showing that a fraud has been committed since the commencement of the proceedings it is not protected from disclosure.Section 129 in The Indian Evidence Act 1872129. Confidential communications with legal advisers.No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser unless he offers himself as a witness in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given but no others.

Vidhikarya · Answer

Dear SirIt is privialized communication between them and cannot be admitted as evidence unless other party has no objection.

Vidhikarya · Answer

HiYou cannot submit the communication between a client and the advocate as the Court does not recognize these conversations as evidence as per the Indian Evidence Act.If you find my answer helpful then kindly rate me.

Vidhikarya · Answer

HiThe conversation of a client with his advocate is viewed as privileged and cannot be submitted as evidence before the court. This also finds mention in S.126 and 129 of the Indian Evidence Act.If you find my answer helpful then kindly rate me.

Vidhikarya · Answer

Communication between client and advocate is confidential and cannot be used by either party in any court of law. The licence of advocate can be terminated if it is proved that there was breach on his part.

Vidhikarya · Answer

As per Advocates Act there are certain privileges attached to the profession of advocacy and confidentiality is very important among them hence I would not advise you to indulge in such activity. Secondly you have not really put forth your matter to advise you anything appropriately. Thank you.

Vidhikarya · Answer

Communication with  advocate is privileged. further how this communication will be evidence against other party reveal full details.

Vidhikarya · Answer

HelloCommunications made between advocate and his client is a privileged one and no one can compel either the advocate or his client to disclose anything in respect of same.Section 126 of the Indian Evidence Act provides that no barrister attorney pleader or vakil shall be permitted to disclose communications made by his client or advice given by him in the course of his employment except if there is an illegal purpose or showing a crime or fraud after commencement of his employment.Further section 129 states that no one shall be compelled to disclose to a court any confidential communication between him and his legal professional adviser except when he offers himself as a witness to the extent necessary to explain evidence given.Thanks with best regards Nishant Singh AdvNew Delhi

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