A, a client, tells B, an advocate: “I wish to obtain possession of property by using a forged deed, on…

The proviso to Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 126 of the Indian Evidence Act) excludes from professional privilege any communication made in furtherance of an illegal purpose. Its illustration (b) specifically concerns asking an advocate to sue on a forged deed: being made in furtherance of a criminal purpose, the communication is not protected from disclosure. By contrast, illustration (a) shows that confiding a past forgery and asking to be defended is protected, since defending a person known to be guilty is not a criminal purpose.