Published on : 01 Nov 2025, 10:59 am 3 min read

The Supreme Court’s recent decision in Suo Motu Writ Petition (Criminal) No 2 of 2025 marks a defining moment in India’s legal discourse. For the first time, the Court has explicitly acknowledged the role of in-house counsel and General Counsel, while clarifying the contours of attorney–client privilege under the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

The judgment deserves appreciation for bringing long-awaited clarity on professional privilege. It distinguishes between Section 132 - which protects communications with advocates - and Section 134, which safeguards legal advisors. The Court observed that while in-house counsel are qualified advocates, they are not “practising advocates” within the meaning of the Advocates Act, 1

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