The Supreme Court of India, in a judgment delivered on October 31, 2025, has explained that full-time salaried “In-house counsel” of a corporate entity are not “Advocates” for the purpose of claiming advocate-client privilege under Section 132 of the Bhartiya Sakshya Adhiniyam, 2023 (BSA).

A three-judge bench comprising Chief Justice B. R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria held that the “fact of their regular employment with full salaries takes them away from the definition of an Advocate.” The Court reasoned that an in-house lawyer’s “economic dependence” and “close ties with his employer” means they do not possess the “professional independence” comparable to that of an external lawyer, which is a prerequisite for the privilege.

The explanation came while the

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