Supreme Court protects advocates under S.132 BSA ensuring lawyer-client confidentiality.

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Case Overview

Case Name: In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues | SMW (Cal) 2/2025

A Bench comprising Chief Justice of India BR Gavai, and Justices K Vinod Chandran and NV Anjaria of the Supreme Court of India issued vital directions to protect advocates from arbitrary summons by investigating authorities . The suo motu case addressed concerns regarding the summoning of advocates representing accused persons during investigations. The judgment, authored by Justice K Vinod Chandran, focused on safeguarding the sanctity of lawyer-client confidentiality as protected under Sections 132–134 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), corresponding to Section 126 of the Indian Evidence Act, 1872 .

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Key Aspects

The Court examined the misuse of investigative powers that threaten professional confidentiality and independence of lawyers . It emphasized that advocates, being officers of the court, deserve legal protection .

• S.132–134 BSA shields advocates from being compelled to disclose privileged communications .
• The provision aims to protect both client and advocate from undue harassment .
• Court acknowledged the presence of “occasional black sheep” but said majority must not suffer .
• It reinforced the advocate’s statutory duty to maintain confidentiality under Rule 11, Section 20, Part VI of BCI Rules, 1975 

Legal Insights

The ruling highlighted several key legal foundations ensuring advocate immunity and client protection .

• Section 132–134, BSA 2023 : Protects lawyers from forced disclosure of client communications .
• Section 126, Indian Evidence Act, 1872: Earlier provision now mirrored in BSA, ensuring privilege .
• Rule 11, Section 20, Part VI, BCI Rules, 1975: Codifies an advocate’s duty to maintain secrecy and professional ethics .
• Article 22(1), Constitution of India : Guarantees right to legal representation for every person .

Court’s Verdict

The Supreme Court of India held that Sections 132–134 of the BSA offer immunity not just to clients but also to advocates against coercive summons or disclosures . It observed that investigating agencies must not bully lawyers for defending clients, as doing so endangers the justice administration system . The Court reaffirmed that lawyer-client privilege is fundamental to the right to fair legal representation .

Source – Supreme Court of India 

Read also – Constitution of India

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