Legally Privileged Information: What Can And Cannot Be Disclosed

Introduction

Legal privilege refers to the legal protection given to communications, documents and advice exchanged between a party and his / her legal professional adviser from being disclosed to the court or other persons. This article seeks to shed some more light on the concept of legally privileged information, the compulsion to disclose such information and the admissibility of such information in courts.

Law governing privilege:

Privilege of communication, documents and advice is covered under Sections 126 to 129 of the Indian Evidence Act, 1872 ("Evidence Act").

What is privileged information:

Privileged information may be construed to be any documents or communication disclosed to a legal professional in his / her professional capacity. This also includes documents which come into existence in anticipation of litigation¹. Further, such exchange must take place only after the formal appointment of such legal professional. It must also be clear that