Vidhara

The Indian Evidence Act, 1872

§128Privilege 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, 1. Subs. by Act 3 of 1887, s. 1, for the original s. 125. 2. Subs. by Act 18 of 1872, s. 10, for “criminal”. 3. Ins. by s. 10, ibid. [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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Official text: India Code (official)

Official India Code text: The Indian Evidence Act, 1872 (1 of 1872), English PDF (iea_1872.pdf) retrieved via Internet Archive Wayback Machine snapshot 2021-09-03 of indiacode.nic.in (portal unreachable from ingest network). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser on 2026-07-15. Repealed by BSA 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; spot-verified; full clause-level proofread pending. Section 114B, inserted by Chhattisgarh Act 25 of 2015 and published as central law, was removed on 2026-08-02 and is now recorded as a State amendment (D-052/D-053).

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