Privilege not waived by volunteering evidence
Section 133 of the Bharatiya Sakshya Adhiniyam, 2023 deals with privilege not waived by volunteering evidence. If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; The Act came into force on 01 Jul 2024.
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132; and, if any party to a suit or proceeding calls any such advocate, as a witness, he shall be deemed to have consented to such disclosure only if he questions such advocate, on matters which, but for such question, he would not be at liberty to disclose.
Section 133, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 128 Privilege not waived by volunteering evidence Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 133
What does Section 133 of the Bharatiya Sakshya Adhiniyam deal with?
Section 133 of the Bharatiya Sakshya Adhiniyam is headed "Privilege not waived by volunteering evidence". If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 132;
How do I find court cases under Section 133 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 133, section 133 BSA, section 133 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 133. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 133 of the Bharatiya Sakshya Adhiniyam, and has it changed?
Its own text turns on section 132 (Professional communications), so none of them can safely be read on its own. It carries forward IEA 128 (Privilege not waived by volunteering evidence), so the judgments decided under that provision are the case law on this one.
When did Section 133 of the Bharatiya Sakshya Adhiniyam come into force?
Section 133 of the Bharatiya Sakshya Adhiniyam, cited as BSA 133, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.