Law of Evidence | Professional privilege | Updated October 2026
Section 127 Evidence Act: Confidentiality for Interpreters and Legal Staff
Section 127 of the Indian Evidence Act, 1872 extended lawyer-client confidentiality to interpreters and the clerks or servants of legal practitioners. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 133, read with Section 132 on professional communications.
What did Section 127 of the Indian Evidence Act say?
Section 127 - Section 126 to apply to interpreters, etc.
"The provisions of section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils."
This provision extended the protection in old Section 126 beyond the lawyer personally. It recognised that interpreters, clerks and other supporting staff may receive or handle confidential information while assisting a legal practitioner in representing a client.
Section 133 of the Bharatiya Sakshya Adhiniyam, 2023
Section 133 - Section 132 to apply to interpreters, etc. The current provision extends the rules of professional confidentiality under BSA Section 132 to interpreters and the clerks or employees of advocates. The central rule is that privilege is not lost merely because the lawyer needs professional assistance to communicate with a client or administer legal work.
| Earlier legislation | Current legislation |
|---|---|
| Indian Evidence Act, 1872 - Section 126: Professional communications | BSA, 2023 - Section 132: Professional communications |
| Indian Evidence Act, 1872 - Section 127: Application to interpreters, clerks and servants | BSA, 2023 - Section 133: Application to interpreters, clerks and employees |
Who is protected and what information is covered?
- Interpreters: persons assisting communication between a client and advocate, including interpretation of conversations needed for legal advice.
- Clerks and employees: persons working with an advocate who encounter confidential instructions, documents or advice through their duties.
- Professional communications: communications made for the purpose of legal representation, the contents or condition of documents learned through professional engagement, and advice given in that engagement, subject to the governing statutory conditions.
The protection concerns the professional context, not every conversation involving a lawyer or every document located in a law office. Section 133 operates by applying the substantive privilege rules of Section 132 to the specified assistants.
Exceptions to lawyer-client privilege
The confidentiality protection is subject to the exceptions in BSA Section 132. In particular, it does not shield communications made in furtherance of an illegal purpose or relevant facts observed during the engagement that show a crime or fraud committed since the engagement began. The professional obligation generally continues after the engagement ends.
These exceptions must be applied carefully. A client's disclosure of a past offence to obtain lawful legal defence is different from instructions seeking an advocate's assistance in carrying out a future fraud.
Practical illustrations
1. Confidential interpretation of legal advice
A client uses an interpreter during a consultation with an advocate. The interpreter hears the client's instructions and the legal advice. The interpreter is subject to the same statutory confidentiality framework as the advocate in relation to that professional communication.
2. Case files handled by a legal clerk
A clerk prepares documents from a client's confidential instructions for the advocate. The statutory protection is not defeated simply because the clerk has handled the material in the ordinary course of the advocate's professional work.
3. Instructions to commit fraud
A client asks an advocate, through an interpreter, to use forged documents to obtain property. A communication made in furtherance of an illegal purpose does not gain protection merely because an interpreter participated.
Frequently asked questions
Does Section 127 of the Indian Evidence Act still apply?
For matters governed by the law in force from 1 July 2024, consult BSA Sections 132 and 133. For proceedings pending at commencement, the savings provisions in BSA Section 170 may require application of the earlier Indian Evidence Act.
Does confidentiality apply to law-office staff?
Yes, within the scope of BSA Section 133, which applies Section 132 to interpreters and the clerks or employees of advocates. It is not a blanket protection for unrelated conduct.
Can a client consent to disclosure?
The professional-communications provision allows disclosure with the client's express consent, subject to the precise statutory framework and applicable legal obligations.
Official legal sources and further reading
Consult the official texts and commencement information through India Code and the Gazette of India. See also the site's Indian Evidence Act overview and Section 126 article on professional communications.
This article provides general legal information. The application of privilege depends on the facts, the governing procedural law and judicial interpretation.