38.6c New Delhi, India, Monday, May 27, 2024
Judiciary

Plea in Delhi High Court Seeking Directions to Protect Privileged Attorney-Client Communications on Third-Party Apps

By Harshil Jain      16 July, 2020 05:26 PM      0 Comments
Plea in Delhi High Court Seeking Directions to Protect Privileged Attorney-Client Communications on Third-Party Apps

A plea has been filed in Delhi High Court seeking directions for protection of attorney-client privileged communication that is presently taking place over virtual platforms on third-party apps. The plea suggested the constitution of an Expert Committee to look into the matter and thereafter frame rules for the same.

The petition has been filed by Advocate Akhil Hasija. It points out the communication platforms’ vulnerability towards cyber threats which can damage the reputation of a person and is potential enough to stymie the fair and impartial justice system of the country.

The problem has arisen due to the COVID-19 lockdown that has hampered the physical movements of lawyers and their clients and has subsequently made them completely dependent on online platforms with virtual communication facilities for discussing legal issues, cases, confidential information, and other related stuff. In the long term, this can prove to be counterproductive for the functioning of Courts and confidential communication shared between attorney and her clients, or even the parties to a case.

The petitioner mentioned that instead of physical meetings, virtual meetings are being conducted by attorneys and their clients over third-party applications.

He claims that a party enjoys control over the data shared and communication taken place between the attorney and her client. Such circumstances make it un-secure and receptive to misuse and criminal misappropriation thereof. This practice is indirectly in contravention to Section 126 of the Indian Evidence Act and destroys the sole intent of the said provision.

Section 126 of the Indian Evidence Act, 1872 states, “Professional Communication- No barrister, attorney, pleader or vakil shall at any time be permitted unless with his client’s express consent, to disclose any communication made to his in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment.”

“The provisions of Section 126 shall apply to interpreters, and the clerks or servants of barristers, pleaders, attorneys, and vakils,” adds Section 127 of the Act.

The petitioner has adjoined the Bar Council of India, Ministry of Electronics & Information Technology, and Ministry of Law & Justice, and asked them to constitute an Expert Committee to deal with the issue. The Expert Committee would make rules/ amendments for the protection of privileged communication under Section 126 and Section 127 of the Indian Evidence Act, 1872 while conducting virtual meetings and conferences over third-party apps.



Share this article:



Leave a feedback about this
TRENDING NEWS

courts-this-week-law-street-journals-weekly-round-up-of-sc-and-hcs-may-20-may-25
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 20 - May 25]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

26 May, 2024 11:25 AM
arvind-kejriwal-moves-supreme-court-to-extend-interim-bail-by-week-for-medical-tests
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM

TOP STORIES

agarwal-family-plans-to-sell-haldiram-for-rs-71000-crores-as-next-generation-steps-back
Trending Business
Agarwal Family Plans to Sell Haldiram for Rs. 71,000 Crores as Next Generation Steps Back

The Agarwal family plans to sell Haldiram, valued at Rs. 71,000 crores, with a Blackstone-led consortium bidding. This marks India's largest private equity buyout.

21 May, 2024 03:32 PM
13-year-old-boy-booked-for-impregnating-15-year-old-sister-after-watching-porn-together
Trending Crime, Police And Law
13 Year old boy booked for impregnating 15 year old sister, after watching porn together

Minor siblings watch porn together brother rapes and impregnates sister. Police official probing the matter shared that the siblings tried to have sex for the first time in Dec 2023, but failed.

21 May, 2024 03:54 PM
replacing-colonial-era-codes-new-criminal-laws-to-come-into-effect-on-july-1
Trending Judiciary
“Replacing colonial-era codes,” new criminal laws to come into effect on July 1

“Replacing colonial-era codes,” the new criminal laws to come into effect on July 1. However, Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) has been put on hold. Read the full article to know why.

21 May, 2024 04:57 PM
offences-under-section-354d-ipc-and-section-506-ipc-are-personal-to-parties-rules-supreme-court
Trending Judiciary
Offences Under Section 354D Ipc And Section 506 Ipc Are Personal To Parties: Rules Supreme Court

The Supreme Court quashed stalking and criminal intimidation charges to preserve marital ties, invoking Article 142, deeming the offences personal to the parties involved.

21 May, 2024 05:40 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email