What is privileged communication

Communications between an attorney and client, husband and wife, clergyperson and penitent, and doctor and patient are all privileged. In a few states, the privilege extends to a psychotherapist and client and to a reporter and her source. To qualify for privileged status, communications must generally be made in a private setting that is, in a context where confidentiality could reasonably be expected. The privilege is lost waived when all or part of the communication is disclosed to a third person.

These privileges are held by the client but not the lawyer , the patient but not the doctor or psychotherapist , the speaking but not the spoken-to spouse and both the clergyperson and the penitent.

The lawyer, doctor, psychotherapist and spoken-to spouse, however, cannot reveal the communication without the other person's consent. The client, patient, speaking spouse, clergyperson and penitent may waive the privilege that is, testify about the conversation and also may prevent the other person from disclosing the information.

Example: Sue and Martin are divorcing. However, Indian legislations only provide for privileged communication between spouses and legal advisers and priest and penitent relationship is not covered under Indian law. Doctor and patient confidentiality is one of the most discussed areas and is prevalent across nations. Any information regarding a patient, that a doctor comes across by virtue of his capacity as a doctor is not to be disclosed to any third party.

Any sort of communication between a doctor and their patient remains confidential. The Medical Council of India is authorized to revoke the license of the doctor who breaches the confidentiality. Under The Indian Medical Council Professional Conduct, Etiquettes and Ethics Regulations, [vi] , there is a bar on doctors to disclose confidential information regarding their patients. Rule 7. However, the exceptions to this rule include:. Privileged communication extends to Lawyer and his clients as well.

Any communication between an attorney and his client is protected and remains confidential. The Attorney-Client privilege in India is governed by legal provisions under the following legislations:. Sections of the Indian Evidence Act, deal with privileged communication in a professional relationship. The exceptions for this privilege are as follows;. In Municipal Corporation of Greater Bombay v. Privileged communication protects the details of an interaction between individuals in a protected relationship.

According to the rule of privileged communication, a court of law cannot ask an individual in this protected relationship to disclose any details of this communication giving due regard to the exceptions.

Edited by Pushpamrita Roy. The American legal system typically cites two reasons for having privileged communications at all — for practical purposes and to encourage certain relationships. The practicality argument arose out of priests being unwilling to disclose information about a penitent if it meant the penitent would be up for capital punishment since priests are typically against the death penalty.

Additionally, courts note a social purpose for the privilege — without it people might not seek necessary medical attention or hold back critical information that an attorney would need to provide the most compelling case for his or her client. Tricia has a Literature degree from Sonoma State University and has been a frequent contributor for many years. She is especially passionate about reading and writing, although her other interests include medicine, art, film, history, politics, ethics, and religion.

Tricia lives in Northern California and is currently working on her first novel. Tricia Christensen. Please enter the following code:. Login: Forgot password?