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Courts Can’t Compel Lawyers to Disclose Source of Documents Filed on Behalf of Clients: Delhi HC

Punjab Times (English Edition)

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January 20, 2026

While taking a most pragmatic step in the right direction firmly abiding by what is enshrined in law of evidence, the Delhi High Court in a most learned, laudable, landmark, logical and latest judgment titled McDonalds India Ltd vs State of NCT of Delhi in W.P.(CRL) 2294/2017, CRL.M.A. 12975/2017, CRL.M.A. 13878/2017 that was reserved on 02.12.2025 and then finally pronounced on 12.01.2026 has minced absolutely just no words to hold unambiguously that the courts cannot compel advocates representing a party to disclose the source of documents filed on behalf of their client.

It must be mentioned here that the Single Judge Bench comprising of Hon’ble Ms Justice Neena Bansal Krishna who has authored this robust judgment minced absolutely just no words to hold in no uncertain terms that passing such a direction would violate Section 126 of the Indian Evidence Act, 1872 (IEA) which establishes the attorney-client privilege. It was also made absolutely clear by the Bench that the primary responsibility for documents filed in courts lies with the party and when a client hands over a document to their lawyer for legal defence, the act of handing over and the information about the origin of the document is part of the professional confidentiality.

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