PRIVILEGED COMMUNICATION

-A.MANORANJAN

BC0150014

Privileged communication means an exchange of information between two individuals in a

confidential relationship. The communication made in furtherance of any illegal purpose. And
fact should be observed in the course of employment showing that any crime or fraud has been
committed since of the employment. A privileged communication is a private statement that
much be kept in confidence by the recipient for the benefit of the communicator. And the
relevant a case the privileged communication cannot be used as evidence in court. And the
generally the laws that guide civil and criminal trials are designed to allow the admission of
the relevant fact of evidence. Privileged communication exist because society values the
privacy or purpose of certain relationship for example husband and wife relationship and these
relationship are protected for various kinds of reasons for clergy communication privileges
protect the general sanctity of marriage and religion. After as impediments to the search for
truth, praised as guarantor of individual privacy1 evidentiary privileges have long been a
subject of controversy within American law. That is so hardly surprising other rules of
evidence, privileges are not fashioned primarily to exclude unreliable evidence or otherwise to
aid in the truth seeking function. Indeed as deviations from the centuries old common law
principle that the public has right to every man evidence.2 Privileges expressly subordinate the
goal of truth seeking to other societal interests3 privileges thus visibly impede the realization
of a central objective of the legal system in order to advance often less immediate goals. The
nature of evidentiary privileges in general many discussions of privilege. For example
protecting the attorney and client or the physician patient relationship. And husband and wife
relations. The attorney can argue behalf of client. The client can free to discuss all the aspects
of case and the without fear that her attorney. And the doctor and patient relationship. The

1
1 compare, e.g., 5 j. bentham, rationale of judicial evidence 193-94 (u.s. mill cd.]
2
E.g., 12 parl. hist. eng. 693 (1812) (speech of lord chancellor hardwicke on may 25,
1742, in the House of Lords); see also id. at 675 (speech of the Duke of Argyle); Trial of the
3
see e. green & c. nesson, problems, cases and materials on evidence 519

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privileged communication has some expiation are At any Time, To disclose any
communication made by him in the course and for the purpose of his employment as such
barrister, pleader. The state is contents of any document with which he has become acquainted
in the course of his professional employment.

OVERVIEW OF PRIVILEGED COMMUNICATION

The privileged communication are to discuss the official matter between lawyer and client.
And the communication must be taken as confidence by the recipient for the benefit of the
communicator. The communication can speak and watching a manufacturing process being
carried on as to what is communication to him by the word of mouth or writing. 4 And it is
relevant in the fact of case the communication could not be taken as evidence in court. The
communication will be taken as truth of client controversial of relevant fact of the case. In
generally the civil and criminal trails are taken as allow to the admission of relevant of the fact
of the case and the privacy of propose of the certain relationship are most valuable in public
society. The privileged communication are generally its relationship between a both parties and
saying a truth and they satisfaction his are her consent of parties. And the doctor and patient
relationship are totally different between lawyer and client, husband and wife relationship.
Because the doctor could hide any matter to patient suppose if he hide something and later
patient will be affected by some illness the doctor and whole authority will be response for the
patient so the doctor could hide anything hide patient. According to the court held that the legal
professional privilege did not attach to the record of a client appointment or time of attendance5

Section 126 deal with the privilege that is attached to professional communication between
the legal adviser and client. And section 127 deals with that interpreters the clerks and servants
of the legal advisers are restrained similarly. The communication between an insure and his
counsel are privileged.6 A witness summoned to produce a document shall, if it is in his
possession or power, bring it to Court, notwithstanding any objection which there may be to its
production or to its admissibility. The validity of any such objection shall be decided by the
Court. Notes made by lawyer of the statement of witness are within the range of protection.7

4
Gopi lal v lakhpat AIR1918 41 All 125
5
R v Manchester Croen court AIR 1988 317
6
Ramalingam v P.R. Thakar AIR 1982 Del 486
7
Superintend & L.R. v S. Bhowmick AIR 1981 sc 917

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The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take
other evidence to enable it to determine on its admissibility. If for such purpose it is necessary
to cause any document to be translated, the Court may, if it thinks fit, direct translator to keep
the contents secret, unless the document is to be given in evidence: and, if the interpreter
disobeys such direction, he shall be held to have committed an offence under Section 166 of
the Indian Penal Code.