Confidential communication with legal advisers
The client’s own shield. No one can be compelled to reveal his confidential communications with his legal adviser — unless he offers himself as a witness, and even then only so far as needed to explain his evidence, and no further.
How to read Section 134
A person cannot be forced to reveal what he told his lawyer — unless he chooses to testify, and then only so far as needed to explain what he has said.
No one may be compelled to disclose a confidential communication with his legal adviser.
Unless he offers himself as a witness — then the door opens, but only partway.
Only such communications as the court finds necessary to explain his evidence — but no others.
The bare Act
The section in its own words — a protection, a trigger, and a strict limit.
No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others.
In short: this is the client’s side of legal privilege. Where § 132 gags the advocate, § 134 protects the client (indeed anyone) from being forced to reveal a confidential communication with his legal adviser. Together the two provisions seal the lawyer–client confidence from both ends. The protection yields in one situation, and even then only partly: if the person offers himself as a witness, he may be compelled to disclose such of those communications as the court considers necessary to explain the evidence he has given — and the section shuts the door again at once with the words ‘but no others’. So stepping into the box does not throw the whole file open; it opens only what is needed to make sense of his own testimony. The trigger is his own choice to testify — the waiver is his to make, and it is strictly measured.
→ This carries forward IEA 1872 § 129 — the client’s protection for confidential communications with a legal adviser.
Glossary
A private exchange between a person and his legal adviser.
The lawyer advising him.
Forced to reveal it to the court — the section bars only compulsion.
Chooses to give evidence on his own behalf — the one trigger.
Limited to what is needed to make sense of his own testimony.
Nothing beyond that is opened up — a strictly limited waiver.
The picture
The client’s confidences cannot be forced out — and if he testifies, the door opens only as wide as his own evidence requires.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
the protectionNo one can be forced to reveal what he told his lawyer
trigger & limitTestify, and the door opens — but only as wide as your evidence
Connected provisions
Professional communications
The advocate’s side of the same privilege — together they seal the confidence from both ends.
Privilege not waived
Testifying, or calling the advocate, does not by itself waive the professional privilege.
Production of title-deeds
A witness who is not a party need not produce his title-deeds or documents that might incriminate him.
IEA 1872, § 129
Carried forward — the client’s protection for confidential communications with a legal adviser.