Law Maker

PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER IX OF WITNESSES

Section 133: Privilege not waived by volunteering evidence

The Bharatiya Sakshya Adhiniyam, 2023

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 132; 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 if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 133. Try these from the free papers:

  1. 1. In a suit, the plaintiff P gives evidence in support of his own case. He later calls his former advocate Q as a witness and asks him only about the date on which certain papers were filed in the Court registry, a matter not protected by Section 132. Under Section 133 of the BSA:

Practise questions on Bharatiya Sakshya Adhiniyam