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State of Jammu-Kashmir - Section

Section 126 in The Evidence Act, 1977 (1920 A.D)

126. Professional communications.

- No barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney, or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment.provided that nothing in this section shall protect from disclosure-
(1)any such communication made in furtherance of any illegal purpose;
(2)any fact observed by any barrister, pleader, attorney and vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.It is immaterial whether whether the attention such barrister, pleader, attorney or vakil was or was not directed to such fact by or on half of his client.Explanation. - The obligation stated in this continues after the employment has ceased.Illustrations
(a)A, a client say as to b, an attorney - "I have committed forgery and I wish you to defined me".
As the defence of a known to be is not a criminal purpose, this communication is protected from disclosure
(b)A, a client, says to b, an attorney - "I wish to obtain possession of property by the use of a forged deed on which I request you to sue."
The communication, being made in furtherance of a criminal purpose, is not protected from disclosure
(c)A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceeding, 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 employment.