Week 3: Privileged Communication

Communications during marriage:

No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclosed any such communication, unless the person who made its, or his representative-in-interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other  
 

Evidence as to affairs of State:

No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.  
Explanation: In this Article, "official records relating to the affairs of State" includes documents concerning industrial or commercial activities carried on directly or indirectly, by the Federal Government or a Provincial Government or any statutory body or corporation or company set up or controlled by such Government.  
 

Official communications:

No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.  
Explanation:

In this Article, a communications includes communications concerning industrial or commercial activities carried on, directly or indirectly, by the Federal Government or a Provincial Government or any statutory body or corporation or company set up or controlled by such Government.  
 

Information as to commission of offences:

No Magistrate or Police officer shall be compelled to say whence he got any information as to the commission of any offence, and no Revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue.  
Explanation:

In this Article, "Revenue-officer" means any officer employed in or about the business of any branch of the public revenue.  

 

Professional communications:

No advocate 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 advocate, 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 Article shall protect from disclosure—  
(1) any such communication made in furtherance of any illegal purpose ; or  
(2) any fact observed by any advocate, in the course of his employment as such showing that any crime or fraud has been committed since the commencement of his employment, whether the attention of such advocate was or was not directed to such fact by or on behalf of his client.  
Explanation: The obligation stated in this Article continues after the employment has ceased.  
Illustrations

(a) 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"  
The communication, being made in furtherance of a criminal purpose is not protected from disclosure.  
(b) 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 m the book at the commencement of his employment.  
This being a fact observed by B in the course of his employment showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.  
 

Article 9 to apply to interpreters, etc.:

The provisions of Article 9 shall apply to interpreters, and the clerks or servants of advocates.  

 

Privilege not waived by volunteering evidence:

If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented there by to such disclosure as is mentioned in Article 9, and. if any party to a suit or proceeding calls any such advocate as a witness, he shall be deemed to have consented to such disclosure only is he questions such advocate on matters which, but for such question, he would not be at liberty to disclose.  

 

Confidential communications with legal advisers:

No one shall be compelled to disclose to the Court, Tribunal or other authority exercising judicial or quasi-judicial powers or Jurisdiction any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled' to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.  
 

Production of title deed of witness, not a party:

No witness who is not a party to a suit shall be compelled to produce his title deeds to any property or any document in virtue of which he holds any property as pledgee or mortgagee or any document the production of which might tend to criminate him unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.  

 

Production of documents, which another person, having possession, could refuse to produce:

No one shall be compelled to produce documents in his possession, which any other person would be entitled to refuse to produce if they were in his possession, unless such last-mentioned person consents to their production.  
 

Witness not excused from answering on ground that answer will criminate:

A witness shall not be excused from answering any Question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceedings, upon the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:   
Provided that no such answer, which a witness shall be compelled to give shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer. 

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