HomeSectionsSection 128: Privilege not...

Section 128: Privilege not waived by volunteering evidence

By Editorial Team

If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and, if any party to a suit or proceeding calls any such barrister, pleader, attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Previous article
Section 127: Section 126 to apply to interpreters, etc.
Next article
Section 129: Confidential communications with legal advisers

More from Author

Topics

Meaning, Nature and Scope of Evidence

Meaning of Evidence Evidence refers to any material or information presented in...
Editorial Team -
Topics

Fundamental Rules of Law of Evidence

The fundamental rules of the Law of Evidence provide the framework...
Editorial Team -
Topics

Admissions under Indian Evidence Act, 1872

Definition of Admissions Admissions are statements, whether oral or written, made by...
Editorial Team -
Topics

Confessions under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, confessions are an important aspect...
Editorial Team -

- A word from our sponsors -

Read Now

Meaning, Nature and Scope of Evidence

Meaning of Evidence Evidence refers to any material or information presented in a legal proceeding to establish or challenge relevant facts. It includes facts, statements, documents, objects, or testimonies that help the court in determining the truth and reaching a just decision. Nature of Evidence Relevance: Evidence must have a...

Fundamental Rules of Law of Evidence

The fundamental rules of the Law of Evidence provide the framework for the admissibility, relevancy, and weight of evidence in legal proceedings. These rules help ensure fairness, reliability, and the proper administration of justice. Fundamental Rules Relevance: Evidence must be relevant to the case at hand. It...

Admissions under Indian Evidence Act, 1872

Definition of Admissions Admissions are statements, whether oral or written, made by a party to the proceedings or their authorized representative. These statements suggest an inference about any fact in issue or relevant fact and are considered against the interest of the party making them. Types of Admissions Express Admissions:...

Confessions under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, confessions are an important aspect of evidence in criminal cases. Definition of Confession A confession is a statement made by an accused person that suggests their guilt in relation to the offence they are charged with. Admissibility of Confessions Confessions made by an accused...

Dying Declaration under Indian Evidence Act, 1872

The concept of a dying declaration is an important aspect of evidence in criminal cases. It refers to the statement made by a person who is on the verge of death, explaining the circumstances surrounding their impending death or the cause of their injuries. Definition A dying declaration...

Evidentiary Value of Admission and Confession

Both admissions and confessions carry significant evidentiary value in legal proceedings. Admissions Admissions are statements made by a party to a legal proceeding or their authorized representative, which are against their interest. Evidentiary Value of Admissions Substantive Evidence: Admissions are considered substantive evidence, meaning they can be used to...

Statements made by Persons who cannot be called as Witnesses

Under the Indian Evidence Act, 1872, there are provisions that allow for the admission of statements made by persons who cannot be called as witnesses. These statements are considered hearsay evidence and are admissible under certain circumstances. Section 32: Statements by Persons who are Dead or Cannot be...

Which Confession is Admissible and Not Admissible under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, the admissibility of confessions depends on the circumstances under which they are made. Admissible Confessions Confessions made before a Magistrate (Section 164) Confessions made voluntarily before a Magistrate are generally admissible in court. The Magistrate must ensure that the confession is made without any...

Statements made under Special Circumstances under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, there are certain special circumstances under which statements made by individuals are considered admissible as evidence. These statements are exceptions to the general rule against hearsay evidence. Statements relating to the existence of relationship (Section 32(5)) Statements made by a person who...

Presumptions Regarding Offences under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, there are certain presumptions that arise regarding offences. These presumptions help in determining the burden of proof and shifting the evidentiary burden on the accused. Presumption of innocence (Section 101) Every person accused of an offence is presumed to be innocent until proven...

Expert Opinion under Indian Evidence Act, 1872

The concept of expert opinion plays a significant role in legal proceedings, including under the Indian Evidence Act, 1872. Expert opinion refers to the testimony or opinion provided by an individual who possesses specialized knowledge, skills, or expertise in a particular field relevant to the case. Definition of...

Oral and Documentary Evidence under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, evidence can be categorized into two main types: Oral Evidence and Documentary Evidence. Oral Evidence Oral evidence refers to the statements made by witnesses during the course of a judicial proceeding. It includes the testimony provided by individuals through their spoken words. Section...

TAKE A DEEP DIVE

Categories to explore

SectionsTopics

Who we are

Request a Specific Topic!

We'll Add It Within 24 Hours!
To make a request or for any inquiries, reach us at:
WhatsApp Number: (+91)7303330400