SC spells key protection to lawyers citing privilege

A BENCH LED BY CJI BR GAVAI SAID SECTION 132 OF BSA PLACES A DUTY ON THE ADVOCATE NOT TO DISCLOSE COMMUNICATION MADE IN CONFIDENCE

- UtkarshAnand

In a significant reaffirmation of the attorney-client privilege and the independence of the legal profession, the Supreme Court on Friday held that lawyers cannot be summoned by investigating agencies to reveal details of legal advice given to clients, except in the narrow circumstances expressly permitted under the law and approved ata senior supervisory level.

Abench of Chief Justice of India Bhushan R Gavai, and justices K Vinod Chandran and NV Anjaria made clear that Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) confers a privilege that belongs to the client, and places a corresponding duty on the advocate not to disclose communications made in confidence. The judgmentstressed that such privilege is essential to the administration of justice, and thatany attempt to pierce it without statutory basis threatens to undermine the right to effective legal representation.

“Section 132 is a privilege conferred on the client,” said the court, cautioning against “valiant investigators or overzealous litigating parties” who may attempt to breach it under the guise of collecting evidence.