Indian Evidence Act, 1872 · Chapter IX: Of Witnesses
Section 128: Privilege not waived by volunteering evidence
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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. Subs. by Act 3 of 1887, s. 1, for the original s. 125 (w.e.f. 14-1-1887). 2. Subs. by Act 18 of 1872, s. 10, for “criminal” (w.e.f. 29-8-1872). 3. Ins. by s. 10, ibid. (w.e.f. 29-8-1872).
[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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 128
No Supreme Court judgment in our database cites this section yet.