Section 126 of IEA : Section 126: Professional Communications

Explanation using Example

Imagine a scenario where a client, Mr. Sharma, approaches a lawyer, Ms. Gupta, to seek legal advice regarding a property dispute. During their private consultation, Mr. Sharma shares confidential financial information and the strategy he wants to employ to settle the dispute. According to Section 126 of The Indian Evidence Act, 1872, Ms. Gupta cannot disclose any of the details of this conversation to anyone else without Mr. Sharma's express consent.

However, if during their discussions Mr. Sharma reveals that he plans to submit a forged document to the court to strengthen his claim, Ms. Gupta is not bound to keep this information confidential as the communication was made in furtherance of an illegal purpose. Furthermore, if she discovers that Mr. Sharma has been involved in fraudulent activities related to the dispute after she was hired, she may be required to disclose this information as the law does not protect disclosure of crimes or frauds committed during the course of her employment.

Even if Ms. Gupta ceases to represent Mr. Sharma, she is still bound by the obligation of confidentiality for all matters not involving illegal activities or observed frauds, as the obligation continues even after her employment has ended.