The Supreme Court, while giving an important decision, has said that the investigating agency can send summons for questioning to a lawyer providing legal services to his client only in very limited cases. This summons can be sent only in those cases which fall under the exceptions of Section 132 of the Indian Evidence Act.

Chief Justice Bhushan Ramakrishna Gawai, justice K Vinod Chandran And justice n V Anjariya The bench was hearing the case. arbitrarily by investigating agencies the accused In the matter of summoning the lawyers representing the Supreme Court automatically, Took cognizance.

The bench said that summons can be sent only in those cases which fall under the exceptions of Section 132 of the Indian Evidence Act, i.e. where the client has sought cooperation from the lawyer in a criminal act. The court said that in other cases the lawyer cannot be asked to hand over the documents and information given by the client. The court has also said that summons to the lawyer SP rank It can be sent only with the permission of the officer and the lawyer can challenge this summons in the court.

Section 132 of the Indian Evidence Act is a privilege given to the client, under which the lawyer is not allowed to disclose any information made in confidence. professional There is an obligation not to disclose communications. The court said that the summons sent to the lawyer cannot be served either by the client or the lawyer. bnss Can challenge in court under Section 528.

The court said that if summons is sent to the lawyer of an accused, it should be told on what basis the case is being considered an exception to Section 132. The Court said that in such a case, production of the documents possessed by the lawyer would not come under the privilege of Section 132, even if They civil case or criminal There is a case.

The court said that in-house lawyers BSA under section 132 of protection Will not get it because they are in court practice Don’t do it. BSA Under Section 134 of the Indian Penal Code, in-house lawyers have the right to protect their conversations with clients.

(With inputs from Nipun Sehgal)