In-House Counsel Not Considered ‘Advocate’; Communication with Employer Not Protected Under Section 132 of Bharatiya Sakshya Adhiniyam: Supreme Court

In a landmark judgment clarifying the scope of legal professional privilege under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Supreme Court of India has held that in-house counsels employed by companies are not entitled to the protection of client-attorney privilege under Section 132 of the BSA. The Court reasoned that in-house counsels, being salaried employees, do not qualify as “advocates” under the Advocates Act, 1961. However, the Court also recognized…