Section 128 of IEA : Section 128: Privilege not waived by volunteering evidence.

IEA

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Explanation using Example

Example 1:

Ravi is involved in a civil lawsuit regarding a property dispute. During the trial, Ravi decides to testify on his own behalf to provide evidence supporting his claim. While testifying, Ravi mentions a conversation he had with his lawyer, Mr. Sharma, about the property. According to Section 128 of The Indian Evidence Act 1872, Ravi's act of testifying and mentioning the conversation does not mean he has waived his privilege regarding all communications with Mr. Sharma. The court cannot compel Mr. Sharma to disclose other confidential communications unless Ravi specifically questions Mr. Sharma about those communications during the trial.

Example 2:

Meena is in a legal battle over a breach of contract case. She calls her lawyer, Ms. Gupta, to testify as a witness to support her case. During the examination, Meena asks Ms. Gupta about a specific piece of advice she gave regarding the contract. By doing so, Meena is considered to have consented to the disclosure of that particular advice. However, under Section 128 of The Indian Evidence Act 1872, this does not mean that Ms. Gupta can be asked to disclose other confidential communications unless Meena specifically questions her about those other matters.

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