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[Cites 0, Cited by 0] [Section 132] [Entire Act]

Union of India - Subsection

Section 132(2) in Bharatiya Sakshya Adhiniyam, 2023

(2)It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), was or was not directed to such fact by or on behalf of his client.Explanation. - The obligation stated in this section continues after the professional service has ceased.Illustrations.(a) A, a client, says to B, an advocate-"I have committed forgery, and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure.(b) A, a client, says to B, an advocate-"I wish to obtain possession of property by the use of a forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.(c) A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the proceedings, B observes that an entry has been made in A's account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his professional service. This being a fact observed by B in the course of his service, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.