Do In-House Counsels Qualify as ‘Advocates’ Under Section 132? Supreme Court Clarifies

The Supreme Court has settled a long-standing confusion in the legal fraternity, ruling that not every lawyer qualifies as an advocate under Indian law.

The Bench, led by Chief Justice B.R. Gavai, while interpreting Section 132 of the Bharatiya Sakshya Adhiniyam, 2023, held that in-house counsels, being salaried employees, cannot claim the attorney-client privilege, as they are not independent practitioners enrolled with a State Bar Council under the Advocates Act, 1961.

The Court stressed that advocacy demands independence, a quality compromised in employment. While in-house counsels may enjoy confidentiality under Section 134, full privilege applies only to advocates practising law independently. 

[Re Suo Motu Case on Summoning of Advocates, 2025]