Communication as the term suggests means a communication having a special right or immunity. It is a term associated with the Evidence law of India enumerated under section 122 – 132. These communications form a base of a relationship between two parties which cannot be disclosed by any of the parties involved in such communication. The communication cannot be taken into account by any law court while dealing a matter before it.
When there is a legal relationship between two persons, every communication taking place between them is protected by law in turn termed as privileged communication. The disclosure of such communications cannot be forced by any person or legal authority. In order to respect and maintain confidentiality in a relationship, the existence of privileged communication has come into the picture.
Pre-requisite condition for a communication to be a privileged one requires the following points:
There are different types of privileged communications mentioned under the Indian Evidence Law and the major ones have been discussed below:
These communications can only be disclosed when asked for by a court of law or if any of the party believes that the other person may cause harm to a person or to the society at large. The communication can also be waived if the person communicating the information has provided his/her assent to disclose the details which may be used against him/her.
Some communications have been provided with protection under the employment law to maintain the faith that a person has on other persons to whom the communication is made. If such communications are disclosed it may lead to damaging the reputation of any of the parties. A client should not be worried about the thought that his attorney may disclose the details about his case to the other party. A patient should not be worried about his health details when stated before a doctor. If such information is disclosed then nobody would be willing to ask for any sort of professional service. If the identity of the approver is disclosed then nobody would be interested to detect crime and help the society to get rid of such miscreants. Trust between a husband and wife is one of the basic factors to strengthen their relationship and if this trust is broken, the institution of marriage will be questioned. The present article has discussed what privilege communication is when it is established, and what and its types. Not only the person involved in the communication but the state should also ensure that such communications are protected in order to maintain stability and trust in the society.
Author Bio Thomas Smith is an assignment writing help expert, who has worked for various publishing companies throughout his career having 12 years of experience as a content writer. Thomas is a well-published individual who has written many blogs on how to write an essay and improve their academic writing skills. You can check out his Twitter for more information.
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