Privilege 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, 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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ADVERTISEMENTS:
Comments:
Principle:
Section 128 may be regarded as other exception to Section 126 or it is the supplement to Section 126. Under this section if the party gives evidence to the matter covered by secret communication it shall not amount that the party has given consent for disclosure. The section further provides that if the same party summons his lawyer as a witness it shall not be considered that the party has consented to disclose the communication, but if he questions his lawyer on the matter of confidential communication, it will be deemed to have consented to disclose the matter in issue.
This is the section dealing with the privilege of the client. It refers to implied waiver, but according to the section the privilege is not waived if the party to the suit gives evidence at his own instance or otherwise or by calling his legal adviser as a witness.