Which of the following statements is correct? I. A witness who is not a party cannot be compelled to produce any document which might criminate him II. A client requests his lawyer to bring an…
Question and options
Which of the following statements is correct?
I. A witness who is not a party cannot be compelled to produce any document which might criminate him
II. A client requests his lawyer to bring an action on the basis of a forged deed which falls under the category of professional communication is protected from disclosure
I. A witness who is not a party cannot be compelled to produce any document which might criminate him
II. A client requests his lawyer to bring an action on the basis of a forged deed which falls under the category of professional communication is protected from disclosure
- I alone is correct
- II alone is correct
- Both I and II are correct
- Both I and II are wrong
Answer and explanation
Correct answer: A - I alone is correct
I is true: no witness who is not a party to a suit can be compelled to produce his title-deeds or any document which might tend to criminate him, unless he has agreed in writing to produce them (s. 135 BSA, formerly s. 130 Evidence Act). II is false: under the proviso to s. 132 BSA (formerly s. 126 Evidence Act), a communication made in furtherance of an illegal purpose, such as suing on a deed the client knows to be forged, is not protected. So I alone is correct.
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