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Context:

The Supreme Court ruled that investigators cannot summon lawyers for advice given to clients, this upholds the principle of attorney-client privilege.

What is Attorney-Client Privilege?

Attorney-client privilege is a legal concept that protects the confidentiality of communications between a lawyer and their client. This ensures that a client can speak freely and candidly with their legal advisor without the fear that this information will be disclosed or used against them.

Legal Foundation => This is not merely an ethical guideline but a statutory right. It was formerly protected under Section 126 of the Indian Evidence Act, 1872, and is now codified in Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), 2023.

Scope of Protection => Section 132 prevents an advocate from disclosing, at any time, any communication made to them by a client in the course of their professional engagement. This includes advice given by the lawyer and the contents of documents they have reviewed.

The principle is often summarized as "once privileged, always privileged," meaning the confidentiality remains even after the professional relationship has ended.

Exclusive to Legal Professionals => This statutory protection is unique to the legal profession. Other professionals, such as chartered accountants or company secretaries, do not have the same legally mandated privilege for their client communications.

Judicial Assurances

Courts have consistently intervened to prevent investigative agencies from overstepping their bounds by summoning lawyers to question them about legal advice rendered to clients.

Supreme Court's Stance => The Court recently observed that summoning lawyers for advising their clients violates their professional rights and compromise the autonomy of the legal profession.  

High Court Rulings

• In A.V. Pavithran v/s CBI (2024), the Bombay High Court quashed a summons issued by the CBI to an advocate, firmly stating that legal advice is privileged and not subject to disclosure.
• In Praram Infra v/s State of M.P., the Madhya Pradesh High Court quashed a police summons issued to a lawyer, reinforcing that an advocate who is neither an accused nor a witness cannot be summoned for questioning about their professional work.

Exceptions to the Privilege =>The protection is not absolute. Section 132 of the BSA outlines specific exceptions where the privilege does not apply:

• Client's Express Consent: If the client explicitly agrees to the disclosure.
• In Furtherance of an Illegal Purpose: Communications made to seek advice on how to commit a crime or fraud are not protected.
• Observation of a Crime: If the advocate observes that a crime or fraud has been committed by the client since the beginning of their engagement.

Source: 

INDIAN EXPRESS