Supreme Court Issues Directions On Production Of Advocates' Digital Devices For Investigation; Says Clients' Documents Not Covered By S.132 BSA
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The Supreme Court has issued detailed directions regulating the production of advocates' documents and digital devices that may contain client information.
The Court clarified that documents belonging to a client but held by an advocate are not covered by privilege under Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), whether in civil or criminal proceedings. However, such production must follow strict procedural safeguards.
In criminal cases, if an advocate is directed to produce a client document, it must be done before the court under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), read with Section 165 of the BSA, ensuring judicial supervision. In civil proceedings, production will be governed by Section 165 BSA and Order 16 Rule 7 of the Civil Procedure Code (CPC). Upon production, the Court must hear both the advocate and the client before ruling on objections regarding production or admissibility.
Crucially, the Supreme Court has laid down special safeguards for digital devices:
If an investigating officer directs the production of an advocate's digital device under Section 94 BNSS, the device must be produced only before the jurisdictional court.
The court must issue notice to the client concerned and hear both the advocate and the client before allowing discovery from the device.
If objections are overruled, the device may be examined only in the presence of the advocate and the client, who may seek the assistance of a digital technology expert of their choice.
The Court further directed that confidentiality of other clients' data must not be compromised, and only the information specifically sought and deemed admissible by the court may be disclosed.
A bench comprising
by the Court on the issue of investigating officers issuing summons to advocates in criminal cases.
3. In a civil case, the production of document shall be regulated by Section 165 of BSA and Order 16 Rule 7 of the Civil Procedure Code. On production of such documents, it shall be upon the Court to decide any objections with respect to the order to produce and the admissibility of the document after hearing the advocate and the party whom the advocate represents.