SC PROTECTS ATTORNEY-CLIENT PRIVILEGE

NEWS

• On October 31, 2025, the Supreme Court of India issued a landmark ruling protecting the attorney–client privilege under the Bharatiya Sakshya Adhiniyam (BSA), 2023.
• The verdict came in a suo motu case heard by a three-judge bench comprising CJI B R Gavai, and Justices K Vinod Chandran and N V Anjaria.
• The Court examined whether advocates can be summoned by investigative agencies for information received while advising clients.

HIGHLIGHTS

Key Judicial Findings

• Privilege under BSA 2023:
  • Replaces the Indian Evidence Act, 1872.
  • Section 132 bars advocates from disclosing client communications, even after professional engagement ends, except when:
    1. The client consents.
    2. The communication furthers an illegal purpose.
    3. The lawyer observes a crime during representation.
• The SC clarified that this protection safeguards justice, not to shield wrongdoers, but to ensure lawyers are not bullied into revealing privileged information.

Constitutional Protection

• The bench linked attorney–client privilege with:
  • Article 19(1)(g): Right to practice a profession.
  • Article 20(3): Protection against self-incrimination.
  • Article 21: Right to fair legal representation.
• Summoning lawyers without valid reason violates these fundamental rights.

Procedural Safeguards under BNSS 2023

• Section 528 (BNSS): Allows advocates to challenge summons before a court.
• Section 94 (BNSS): Production of documents or devices must be court-approved, not directly sought by investigators.
• Superior officer approval (SP rank or above) required before summoning a lawyer, stating specific grounds of exception.
• Judicial supervision mandated during inspection of digital or physical evidence to protect unrelated client data.

Other Observations

• In-house counsels are not covered under Section 132, as they lack professional independence under the Advocates Act, 1961.
• The Court refused to frame new guidelines, holding that existing laws provide adequate safeguards.

 Significance

• Reinforces attorney–client confidentiality as a pillar of justice and fair trial.
• Ensures balance between investigative powers and professional privilege, strengthening the rule of law under India’s new criminal codes.