IEA Section 126 — Professional communications

Chapter 9

Civil

Summary

A lawyer is not allowed to share anything a client tells them in private for the purpose of getting legal help, nor can they reveal the contents of any document they see in that work, or disclose any legal advice they gave to the client, unless the client clearly agrees. However, this protection does not apply if the communication was made to help carry out an illegal act, or if the lawyer observes something during their work that shows a crime or fraud happened after they were hired, even if the client did not point it out.

Official Text

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—

Any such communication made in furtherance of any illegal purpose;
Any fact observed by any barrister, pleader, attorney or 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 the attention of such barrister, pleader, attorney or vakil was or was not directed to such fact by or no behalf of his client.

Referred to by

Related Judgments

  • Sanjeevi Seshadri and Mr.; Pranav Jain, Ms. Manvi; Priya; and; Ms.; Vr vs STATE — Delhi High Court (2018)
  • UNION OF INDIA THR. THE SECRETARY; MINISTRY OF LAW & JUSTICE vs SUBHASH CHANDRA AGGARWAL — Delhi High Court (2017)
  • UNION OF INDIA AND ANR vs SUBHASH CHANDRA AGRAWAL — Delhi High Court (2023)
  • Judgment pronounced on : 15.04.2025; CHAND MEHRA vs UNION OF INDIA & ORS — Delhi High Court (2025)
  • SL-1.; 06-10-2023; Ct. 8; MAT 2008 of 2023; CAN 1 of 2023; Sourav Kuma vs Md. Danish Farooque & Ors., Mr. Joydip Kar, Sr. Adv., Mr. Biswaroop Bh — Calcutta High Court (Kolkata Principal Seat) (2023)

Old <-> New Code Mapping