Professional Communication

Privileged communication is a form of communication in which two or more

individuals are in a legally recognized relationship. By this protected
relationship, they are not bound to disclose any details of such
communication. To protect the privacy of these relationships, these
conversations can't be shared with anyone else or used as proof in court.
The following are the pre-requisites for any communication to be considered
as a Privileged communication:
1. Communication should take place between individuals who are in a
protected legal relationship.
2. Communication should take place in private.
3. The information communicated cannot be disclosed to a third party as the
privileged status ends once it is disclosed.

 The Evidence Act, 1872 recognizes the following as privileged

communications;
1. Spousal communication (between husband and wife):
According to section 122 of the Evidence Act 1872,
No one can force a married person to say what their spouse said to them
during their marriage, and they can't say what their spouse said to them unless
the person who said it or his legal representative agrees.
The only exceptions are when two married people are in court together
or when one of them is charged with a crime committed against the other.
2. Professional communication (between advocate and client):
Any communication between an attorney and his client is protected and
remains confidential. This is commonly called professional communication.
Sections 126 of the Evidence Act 1872 deals with professional communication.
A registered legal practitioner is not allowed to reveal such classified
information that the client had disclosed to him or any advice that the lawyer
had given to his client.
According to Sections 126 of the Evidence Act 1872,
No Advocate shall be allowed, without the client's permission,
 to talk about any communication which is made to him on behalf of his
client in the session for the purpose of his professional work, or
 to talk about the content or condition of any document he has seen, or
 to talk about any advice, he has given his client in the session for the
purpose of his professional work.
 Exceptions
The following privilege communication can be disclosed under Section 126:
 When the communication was made in furtherance of an illegal purpose;
 When the attorney gets to know that a crime or fraud has been committed
since employment began;
 When the client gives consent;
 When the information falls into the hands of a third party;
 When a lawyer sues the client for professional purposes.
3. State communication (unpublished records of state affairs)
According to Section 123 of The Evidence Act 1872,
No person can give any evidence obtained from any unpublished records
of any state affairs. Without the permission of the officer-in-charge or the head
officer at the concerned department such information cannot be disclosed.
Such an officer can give or withhold permission regarding the same as he
thinks fit.
According to section 124 of The Evidence Act 1872,
Communication made to a government official in "official confidence" is
also privileged if the officer thinks its disclosure is against the public interest.
According to section 125 of The Evidence Act 1872
Magistrate or Police Officer shall not be required to say from which he
heard about a crime being committed, and
No officer of the public revenue can be required to say where he got
information about a crime against the public revenue.
Any information a police or revenue officer receives regarding a crime is
also privileged.

 Confidential communications with legal advisers (Section 129)

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.