INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
128. Privilege not waived by volunteering evidence.
133. Privilege not waived by volunteering evidence.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
128. Privilege not waived by volunteering evidence. –– If any party to a suit gives evidence therein
at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure
as is mentioned in section 126; and, if any party to a suit or proceeding calls any such barrister,
1. Subs. by Act 3 of 1887, s. 1, for the original s. 125.
2. Subs. by Act 18 of 1872, s. 10, for “criminal”.
3. Ins. by s. 10, ibid.
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[pleader], attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if
he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at
liberty to disclose.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
133. Privilege not waived by volunteering evidence.—If any party to a suit gives evidence therein
at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as
is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a
witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on
matters which, but for such question, he would not be at liberty to disclose.
Current law India Code — BSA 2023