In Brief
The Supreme Court addressed widespread police summoning of practicing advocates demanding client information and documents during criminal investigations. The Court held that advocate-client privilege under Sections 132–134 of the Bharatiya Sakshya Adhiniyam, 2023 is absolute and protects the client's fundamental right to communicate freely with counsel. Investigating officers cannot directly summon advocates representing accused persons unless the summons falls within narrow exceptions (communications furthering illegal purposes or observation of crime since engagement). Any such summons requires prior written approval from a Superintendent of Police or higher, explicitly stating the exception relied upon, and remains subject to judicial review. Production of documents and digital devices may be compelled only through Court process, with strict safeguards. In-house counsels who are full-time salaried employees do not qualify as advocates and lack this privilege. The Court issued binding directions to investigating agencies, warning that breach will constitute contempt of court.
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