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Section 128 - Privilege not waived by volunteering evidence | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 128The Bharatiya Sakshya Adhiniyam, 2023 Section 133

Indian Evidence Act, 1872

Section 128

Privilege not waived by volunteering evidence

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Indian Evidence Act, 1872

128. 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, 88[ 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 or matters which, but for such question, he would not be at liberty to disclose.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 133

Privilege not waived by volunteering evidence

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The Bharatiya Sakshya Adhiniyam, 2023

133. 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 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.

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