Section 132 of BSA : Section 132: Professional communications.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman, hires Advocate Mehta to represent him in a civil lawsuit regarding a breach of contract.

Communication: During their meetings, Rajesh tells Advocate Mehta, "I have hidden some assets from the court to avoid paying the full amount if I lose the case."

Application of the Act: Since Rajesh's communication to Advocate Mehta is made in furtherance of an illegal purpose (hiding assets from the court), Advocate Mehta is not protected by confidentiality under Section 132 and may be required to disclose this information if asked by the court.

Example 2:

Scenario: Priya, an employee, consults Advocate Sharma about a wrongful termination case against her employer.

Communication: Priya tells Advocate Sharma, "I was fired because I reported my manager's fraudulent activities to the company's ethics committee."

Application of the Act: This communication is protected under Section 132 because it is not made in furtherance of any illegal purpose. Advocate Sharma cannot disclose this information without Priya's express consent.

Example 3:

Scenario: Anil, a client, tells Advocate Verma, "I have committed tax evasion in the past, and I need your help to rectify my tax filings."

Communication: Anil's admission of past tax evasion is made for the purpose of seeking legal advice to correct his filings.

Application of the Act: This communication is protected under Section 132 because it is not made in furtherance of an ongoing illegal purpose. Advocate Verma cannot disclose this information without Anil's express consent.

Example 4:

Scenario: Sunita, a client, tells Advocate Rao, "I plan to bribe a government official to get my work done faster."

Communication: Sunita's statement about her future plan to bribe a government official is made in furtherance of an illegal purpose.

Application of the Act: This communication is not protected under Section 132, and Advocate Rao may be required to disclose this information if asked by the authorities.

Example 5:

Scenario: During a property dispute case, Advocate Singh observes that a crucial document presented by his client, Mr. Kumar, appears to have been altered after the commencement of his professional service.

Observation: Advocate Singh notices that the date on the property deed has been changed to a more recent date.

Application of the Act: Since this alteration indicates that a fraud has been committed since the commencement of Advocate Singh's service, this fact is not protected under Section 132, and Advocate Singh may be required to disclose this observation in court.