CHAPTER IX.––OF WITNESSES

Section 128: Privilege not waived by volunteering evidence

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

Footnotes in the official text

1.Ins. by Act 18 of 1872, s. 10 (w.e.f. 29-8-1872).

Now in the BSA

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

128. Privilege not waived by volunteering evidence.

BSA 133

Questions on this section

1 question in 4 of our papers cite Section 128. Try these from the free papers:

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 Criminal Law