Quick answer: Yes. In India, what you share in counselling is confidential by default, and the Mental Healthcare Act 2017 places a legal duty on health professionals to keep it private. A few exceptions exist: a serious risk to your life or to someone else, sharing with other professionals involved in your care, and a court or statutory order. A good counsellor explains these limits in the first session.
Is counselling confidential in India?
Yes. The Mental Healthcare Act, 2017 (Act No. 10 of 2017) received the President’s assent on 7 April 2017. Section 23 gives a person with mental illness “the right to confidentiality in respect of his mental health, mental healthcare, treatment and physical healthcare.”
The same section says all health professionals providing care or treatment have a duty to keep confidential the information they obtain during that care. Professional ethics point the same way. The American Psychological Association’s Ethics Code, in force since 1 June 2003 and amended in 2010 and 2016, says psychologists have “a primary obligation” to protect confidential information.
In practice, this means your counsellor does not discuss your sessions with family, friends, your employer or anyone else without your consent.
What stays private in a counselling session?
Almost everything you bring into the room stays there. That includes:
- What you talk about, including feelings, relationships, past events and worries.
- The fact that you are seeing a counsellor at all.
- Session notes, forms and any screening questionnaires you fill in.
- Messages and records kept digitally. Section 24 of the 2017 Act says the right to confidentiality also applies to information “stored in electronic or digital format.”
- Your photograph and personal details. Section 24 also bars releasing photographs or information about a person in treatment at a mental health establishment to the media without their consent.
When can a counsellor break confidentiality?
Confidentiality is strong, but it is not absolute. Section 23(2) of the Mental Healthcare Act lists exceptions in clauses (a) to (g). The table below puts them in plain words.
| Situation | What can be shared | Where it comes from |
|---|---|---|
| Risk of harm or violence to another person | Only what is needed to protect against that harm | Section 23(2)(c) and (d) |
| Threat to your life | Only what is needed to prevent that threat | Section 23(2)(e) |
| Other professionals caring for you | Information needed to give you care and treatment | Section 23(2)(b) |
| Your nominated representative | Information needed for them to carry out their duties under the Act | Section 23(2)(a) |
| Order from a Board, the Central Authority, a High Court or the Supreme Court | What the order requires | Section 23(2)(f) |
| Public safety and security | Information in the interests of public safety | Section 23(2)(g) |
Notice the pattern: even when an exception applies, the law limits sharing to what is necessary. It is not permission to tell everything to everyone.
What about risk of self-harm?
This is the limit people worry about most. Speaking honestly about dark thoughts is part of counselling, and it does not mean your counsellor will call someone the moment you mention them. Counsellors are trained to talk these thoughts through with you.
If your counsellor believes your life is in immediate danger, they may need to involve emergency help or a trusted person. Most will discuss this with you first where it is safe to do so. If you are in danger right now, call 112 (India’s emergency number) or go to the nearest hospital emergency department.
How does confidentiality work for teenagers and minors?
Under the 2017 Act, a “minor” is a person who has not completed 18 years of age. For young clients, parents or guardians are usually part of consent, but that does not mean they hear every word of every session.
Many services keep a teen’s conversations private unless there is a safety concern. For example, an NHS child and adolescent mental health service for ages 11 to 17 explains that teenagers aged 16 and over sometimes talk alone without their parents knowing, “as long as we feel you are safe.” It also says staff will “always try to talk to you about things first” before sharing safeguarding concerns. Policies differ, so ask your teen’s counsellor to explain theirs to both of you.
What should you ask about privacy before you start?
The APA Ethics Code (Standard 4.02) expects psychologists to discuss “the relevant limits of confidentiality” and “the foreseeable uses of the information” with the people they work with. You are entitled to ask:
- Who can see my notes, and how are they stored?
- In what situations would you share information without my consent?
- Will you tell me before you share anything?
- If my employer or college referred me, what do they receive?
- For online sessions, which platform do you use?
How does Manas handle confidentiality?
The Manas individual counselling page states: “Everything discussed stays within the session. The only exception is immediate risk to life.” Sessions are 60 minutes, online by video anywhere in India or in person at Manas Center, Ayodhya Nagar, Bhopal. The booking page notes that online sessions run on secure video (Google Meet). If you have a question about privacy, raise it in your first session.
Frequently asked questions
The same professional duty applies whether you meet by video or in a room. India’s Mental Healthcare Act 2017 says the right to confidentiality also covers information stored in electronic or digital form. On your side, choose a private space, use headphones and avoid shared devices so nobody overhears the session.
Not as a routine. Your counsellor keeps what you share private and should ask your consent before speaking to family members. The exceptions are narrow, such as a serious risk to your life or to someone else. Even then, a good counsellor shares only what is needed and usually tells you first.
If you book privately, your employer has no reason to be told. If you use a workplace programme, ask at the start what the organisation receives. Under the APA ethics code, professionals should explain the limits of confidentiality and the foreseeable uses of information to both individuals and organisations.
Talking about these thoughts is one of the most important things you can do in counselling, and it does not automatically mean anyone is told. If your counsellor believes there is an immediate threat to your life, they may need to involve help. In an emergency in India, call 112 or go to the nearest hospital emergency department.
Rarely, and only through a proper legal route. Section 23 of the Mental Healthcare Act 2017 allows release of information on an order from a competent authority, including the High Court or Supreme Court. Ordinary requests from friends, relatives or colleagues do not meet that standard, and your counsellor should not respond to them.
Ready to talk in a private, safe space?
If worry about privacy has held you back, you can ask every question in this guide before you share anything personal. Read about individual counselling at Manas, book a session online or in Bhopal, or contact the Manas team with your questions first.
Sources
- The Mental Healthcare Act, 2017 (No. 10 of 2017), full text, PRS Legislative Research
- American Psychological Association, Ethical Principles of Psychologists and Code of Conduct
- NHS CAMHS North Derbyshire, Is what I say kept private?
Plain-language guides on mental wellbeing, based on published research. Counselling at Manas Center is led by Dr. Priya Dubey Sharma, Founder & Consulting Psychologist.
