The Supreme Court of India has reaffirmed that S.132 BSA Protects Advocates from arbitrary coercion by investigating agencies demanding disclosure of privileged communications with their clients.
A three-judge Bench comprising Chief Justice of India BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria delivered the ruling on October 31, 2025, in the suo motu case concerning the summoning of advocates by investigative authorities.
The judgment, authored by Justice K Vinod Chandran, underscores that the protection enshrined in Sections 132–134 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)—successor to Section 126 of the Indian Evidence Act, exists to safeguard the integrity of the advocate-client relationship.
The Court noted that lawyers form an integral part of the justice delivery system and cannot be harassed merely for representing clients facing allegations of disrepute or questionable conduct.
Judicial Observation on Privilege and Professional Duty
In a candid acknowledgment of ethical challenges within the legal community, the Court referred to
“the occasional black sheep who tread the uneven, muddy lanes of deceit.”
However, it emphasized that such instances are exceptions, not the norm. The privilege under S.132 BSA Protects Advocates is not meant to shield wrongdoing but to protect the overwhelming majority of sincere advocates from victimisation or intimidation.
Relying on Rule 11 of Section 20, Part VI, Bar Council of India Rules (Standards of Professional Conduct and Etiquette, 1975), the Bench reaffirmed that an advocate’s statutory duty includes maintaining the sanctity of client communications to the extent permitted by law.
The Court reiterated that advocates are bound to accept briefs consistent with their standing and must safeguard client confidences as part of their professional integrity.
Bench’s Clarification on Legal Immunity
The Bench clarified that Sections 132–134 of the Bharatiya Sakshya Adhiniyam confer not merely client privilege but also a statutory immunity to the advocates themselves.
“The provision is incorporated not only in protection of the client but also to provide an immunity to the advocate from making any such disclosure,”
the judgment stated.
This immunity, the Court stressed, is vital to upholding the constitutional right to legal representation.
Court’s Closing Words on Role of Advocates
The Bench observed that an advocate’s duty extends beyond mere representation; it includes
“providing the client the maximum protection as by law established, while maintaining absolute sincerity to the cause of justice.”
Thus, S.132 BSA Protects Advocates not as a personal privilege, but as a safeguard essential to the independence of the Bar and the fairness of the justice system.
Case Details
- Case Title: In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues
- Case No.: SMW (Cal) 2/2025
- Bench: Chief Justice BR Gavai, Justice K Vinod Chandran, Justice NV Anjaria
- Date of Judgment: October 31, 2025
- Authored by: Justice K Vinod Chandran
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