News: The Supreme Court issued directions barring the police and prosecuting agencies from summoning legal professionals to reveal communications they provide while advising their clients.
About SC Judgement on Summoning of Advocates by Agencies
- Background: The Supreme Court gave directions stopping police and investigation agencies from summoning lawyers only for doing their professional duties — i.e., advising clients. The case was taken up by the Court on its own (suo motu).
- Main Questions Before the Court: Can a lawyer be summoned only for giving legal advice to a client and if a lawyer’s role goes beyond professional duties, can the summons be subjected to judicial oversight.
- Attorney-Client Privilege: It was held that communications between a lawyer and their client are confidential.
- Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) 2023 protects this — lawyers cannot be forced to disclose what clients tell them.
- Exception: The only exceptions are:
- Communication made for illegal purposes.
- If the lawyer observes any illegal act.
- If disclosure is required after employment ends for specific legal reasons.
- Lawyers cannot be summoned merely because they gave legal advice to a client. However, if they are personally involved in illegal activities, they can be investigated like anyone else.
- The privilege (protection) helps ensure clients can speak freely to their lawyers.
- Balance Between Investigation & Rights
- The Court said privilege under Section 132 must be respected.
- It helps prevent misuse of power and protects the lawyer-client relationship.
- The Court held that summons cannot be issued to lawyers just for representing their clients.
- Judicial Oversight: Sufficient oversight already exists under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Anyone (including lawyers) can challenge a summons before a court.
- In-house Legal Advisers
- In-house company lawyers (salaried employees) are not protected under this privilege.
- The privilege applies only to independent advocates as defined under the Advocates Act.
- Constitutional Rights: The Court said forcing lawyers to reveal client communications violates:
- Article 19(1)(g) – Right to practice a profession.
- Article 21 – Right to personal liberty.
- Article 20(3) – Protection against self-incrimination.
