THE NATIONAL INSTITUTE UNIVERSITY, BHOPAL

In the partial fulfilment for the requirement of the project on the subject of Law of Evidence
of B.A.L.L.B (Hons.), Fifth Semester.

SYNOPSIS

Topic : Privilege of Attorney and Client Communication

Submitted to: -
(Prof.) Mr. Vijay Kumar Singh

Submitted by: -
Raj Chouhan
Roll No. - 2018BALLB91
Enrol No. – A-1998

1
INTRODUCTION

Secrecy and non-disclosure are an integral part of any commercial relationship. The attorney-
client relationship mandates the lawyer under a moral obligation to maintain his client’s
confidentiality. Without a client’s expressed consent no barrister, attorney, pleader or lawyer
is permitted to disclose any communication made to him in the course of employment as the
communication which is made between a lawyer and client is a privileged one. A privilege
communication solely protects the client’s interest and ensures open and truthful
communication between lawyer and client without any fear of disclosure. There is no
statutory definition of privileged conversation in Indian law but Sec 126 and Sec 129 of the
Indian Evidence Act of 1872 lays down the benefit of the privileged communication.

HYPOTHESIS
A person seeks for legal help when he is in deep legal trouble, and expects whatever he will
discuss with his lawyer will remain confidential as he discloses all his secrets relating to the
case with his lawyer. So, a legal privilege is essentially a right that exists for the sole benefit
of the client and ensures full and frank communication between clients and lawyers without
any fear of disclosure or incrimination.

STATEMENT OF PROBLEM
When there is a communication between an attorney and his client, it is basically protected by
attorney client privilege but what if the attorney needs to incriminate his client and what will
be the consequences of it?

OBJECTIVES

1. To understand the attorney client privilege in Indian Evidence Act, 1872.

2. To identify the exception for such a privilege.

RESEARCH QUESTION(S)
1. What is the provision for attorney client privilege in evidence law?
2. It this privilege absolute and binding?
3. What are the loopholes associated with it?