Can a lawyer give evidence against his client?
A lawyer or attorney is under a moral well as the statutory obligation to respect the confidence reposed in him and not to disclose his clients personal information, communication or documents to anyone in the course or purpose of the employment.
What is professional communication in Evidence Act?
(1) Any such communication made in furtherance of any 87[illegal] purpose. (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.
Can a dumb witness give evidence in the Court of law?
Dumb witnesses | Indian Evidence Act, 1872 | Bare Acts | Law Library | AdvocateKhoj. A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court.
What is privileged communication under Indian Evidence Act?
The communications between a husband and a wife have been given the status of privileged communication under Section 122 of the Evidence Act. It states that a married person: Shall not be compelled to disclose any communication made to them during the marriage by their spouse or ex-spouse.
Do lawyers know if their clients are guilty?
Your Lawyer’s Opinion Defense attorneys are ethically bound to zealously represent all clients, those whom they think will be justly found guilty as well as those whom they think are factually innocent. In truth, the defense lawyer almost never really knows whether the defendant is guilty of a charged crime.
Should you tell your lawyer everything?
Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know. No matter what, with a few exceptions, attorneys are required to maintain lawyer-client confidentiality.
Which communication Cannot be used as evidence?
A privileged communication is a private statement that must be kept in confidence by the recipient for the benefit of the communicator. Even if it is relevant to a case, a privileged communication cannot be used as evidence in court.
What is privileged communication in law of evidence?
Privileged communication is an interaction between two parties in which the law recognizes a private, protected relationship. Whatever is communicated between the two parties must remain confidential, and the law cannot force their disclosure. Even disclosure by one of the parties comes with legal limitations.
Who can be a witness under Evidence Act?
Who may testify? Any person who has witnessed the event is competent to testify, unless – the Court considers that they are unable to understand the questions posed to them, or unable to give rational answers as prescribed in Section 118.
What is appreciation of evidence?
Appreciation of evidence is a matter of experience and knowledge of human affairs. Under section 3 of Evidence Act first the terms Fact, Relevant Fact and Fact in issue are defined in respect of evidence and later when it can be said to be proved, disproved and not proved is discussed.