LawgistThe Indian Evidence Act
128Privilege 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 thereby to such disclosure as is mentioned in section 126; and, if any party to a suit or proceeding calls any such barrister, 1[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.
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1. Ins. by Act 18 of 1872, s. 10.
CHAPTER IX.--OF WITNESSES
- 118 Who may testify
- 119 Witness unable to communicate verbally
- 120 Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial
- 121 Judges and Magistrates
- 122 Communications during marriage
- 123 Evidence as to affairs of State
- 124 Official communications
- 125 Information as to commission of offences
- 126 Professional communications
- 127 Section 126 to apply to interpreters, etc
- 128 Privilege not waived by volunteering evidence
- 129 Confidential communications with legal advisers
- 130 Production of title-deeds of witness not a party
- 131 Production of documents or electronic records which another person, having possession, could refuse to produce
- 132 Witness not excused from answering on ground that answer will criminate
- 133 Accomplice
- 134 Number of witnesses
