Police Cannot Summon Lawyers Merely for Client Representation

🔹 Lawyer-Client Privilege is Cornerstone of Justice

• Section 132 of Bhartiya Sakshya Adhiniyam protects communications
• Privilege exists to protect client's rights, not lawyer's
• Essential for proper functioning of adversarial justice system
• Client would not speak freely without confidentiality assurance

🔹 Exceptions are Narrow & Must Be Explicit

• Waiver by client (express consent)
• Communication made for illegal purpose
• Observation of crime/fraud during engagement
• Summons must explicitly state which exception applies

🔹 No Blanket Immunity for Lawyers

• Protection is for professional conduct, not criminal acts
• Lawyers can be summoned if involved in crime beyond representation
• Protection is for the role, not the individual
• Credible evidence required for exceptional circumstances

🔹 In-House Counsel Get Limited Protection

• Full-time salaried employees not "Advocates" under Advocates Act
• Lack independent status for full privilege protection
• Influenced by employer's commercial strategies
• Economic dependence affects professional independence

✅ Step 1: Scrutinize the Summons Immediately

• Check if summons explicitly mentions exceptions under Section 132
• Verify if it provides reasoned facts alleging your involvement beyond professional duty
• If vague or just seeks case details, it's likely illegal
• Invoke privilege - legally obligated to refuse disclosure of privileged communication

✅ Step 2: Challenge an Illegal Summons

• Approach High Court under Section 528 of BNSS (inherent powers)
• Demand hierarchical approval - Superintendent of Police must approve
• Verify superior officer recorded satisfaction in writing
• Absence of proper approval makes summons invalid

✅ Step 1: Understand Your Right

• Your privilege is at stake - summons threatens your confidentiality
• Direct threat to your right to robust defense
• You have direct interest in challenging the summons

✅ Step 2: Support Your Lawyer's Challenge

• Join legal challenge or file separate petition
• Assert fundamental right to fair trial being violated
• Right against self-incrimination being infringed

✅ Step 1: Respect the Privilege as First Principle

• Default position: cannot summon lawyer to learn about case
• Evidence must be gathered independently
• Understand sacred nature of attorney-client relationship

✅ Step 2: If Exception Truly Applies, Follow Procedure

• Obtain written approval from Superintendent of Police or above
• Record reasons based on credible evidence
• Be explicit in summons about exception being invoked
• Make summons amenable to judicial review

Attorney-Client Privilege (Section 132, BSA)

Legal rule protecting confidential communications between lawyer and client from forced disclosure.

Suo Motu

Latin for "on its own motion" - case initiated by court itself without party filing petition.

Investigating Agency

Any agency like police or Enforcement Directorate empowered to investigate crimes.

Judicial Review (Section 528, BNSS)

Power of High Court to examine and strike down executive actions that are illegal or unconstitutional.

In-house Counsel

Lawyer who is full-time, salaried employee of company, as opposed to independent practitioner.

👨‍⚖️ Criminal Lawyer Essential For

• Challenging illegal summons in High Court
• Complex cases involving multiple legal issues
• When your professional license may be at risk
• Cases involving constitutional rights arguments
• When facing potential criminal liability yourself

📝 You Can Handle With Support

• Initial scrutiny of summons for legal defects
• Understanding fundamental principles from this judgment
• Basic awareness of your rights and obligations
• Documentation of communications and procedures
• Initial response asserting privilege rights