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The Supreme Court has issued important directions to ensure that investigating officers do not summarily summon lawyers to disclose communications with their clients, except under strict exceptions. A Bench led by Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria reiterated that Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, safeguards the confidentiality of lawyer-client communications. Lawyers generally cannot be compelled to disclose such information unless there is evidence of illegality or fraud, or the client consents.

The Court specified that any summons to a lawyer must have prior written approval from a superior police officer (not below Superintendent), clearly stating reasons covered under Section 132 exceptions, and such summons can be challenged judicially under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Additional safeguards were mandated for cases where digital devices like phones and laptops seized from lawyers are to be examined: this must be done in the presence of the lawyer, client, and their chosen technical expert, with strict oversight to protect confidentiality of other clients.

The Court also clarified that in-house counsel are not entitled to privilege under Section 132 since they are not independent advocates, although they receive some protection under Section 134 of the BSA for confidential communications with clients.

These directions reinforce the fundamental right to privacy in legal consultations and aim to prevent unwarranted intrusion in the functioning of the legal profession.