IEA Section 128: Privilege not waived by volunteering evidence
Indian Evidence Act, 1872 · Chapter 9: Witnesses
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
¶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, 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.
Study: explanations and related material
Now BSA 133 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p14
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 118. Who may testify
- 119. Dumb witnesses
- 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
- 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