![ED Can’t Issue Summons To Any Advocate Without Prior Approval Of Director [READ CIRCULAR]](https://www.jurishour.in/wp-content/uploads/2025/06/ed-summons-advocate.webp)
The Directorate of Enforcement has issued the circular on the directive for issuing summons Practitioners/Advocates/Lawyers.
As per the circular the ED cannot issue summons to any advocate without prior approval of the director.
The ED noted that the field formations are issuing summons to legal practitioners/Advocates/Lawyers during the course of money laundering investigation to disclose/produce communications and documents in professional capacity pertaining to their clients.
As per Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) no advocate, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service. Provided that nothing in this section shall protect from disclosure of- (a) any such communication made in furtherance of any illegal purpose; (b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service. It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), was or was not directed to such fact by or on behalf of his client. The obligation stated in this section continues after the professional service has ceased.
In other words, a legal practitioner cannot be compelled to disclose any communication made to him in the course and for the purpose of his professional service as such legal practitioner, by or on behalf of his client unless with his client’s express consent. However, proviso to Section 132 of the BSA, 2023 has carved out certain exceptions.
The circular directed that no summons shall be issued to any advocate in violation of Section 132 of the BSA, 2023. Further, if any summon needs to be issued under the exceptions carved out in proviso to Section 132 of the BSA, 2020, the same shall be issued with the prior approval of the Director, ED.
