Investigating agencies can’t summon lawyers in connection with advice given by them to their clients, unless it’s covered under any of the exceptions under Section 132 of the Bharatiya Sakshya Adhiniyam, (BSA) 2023 and approved by the Superintendent of Police (SP), the Supreme Court ruled on Friday.
“The investigating agency/prosecuting agency/the police cannot directly summon a lawyer appearing in a case to elicit the details of the case, unless there is something the Investigating Officer (IO) has knowledge of, which falls under the exceptions, in which case it has to be specifically mentioned in the summons, which the lawyer summoned can challenge under the Bharatiya Nagarik Suraksha Sanhita (BNSS),” a bench of CJI BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria said.
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