India: Disclosure & Electronic Discovery & Privilege

This article examines the legal framework governing the admissibility of electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023, with particular reference to the requirements of hash value disclosure and expert certification. It analyses the procedural safeguards mandated by recent judicial pronouncements and the practical challenges faced by investigators, lawyers, and courts in ensuring the authenticity and reliability of digital evidence.

In-house counsel employed by corporations are not entitled to attorney-client privilege due to their employment status and lack of professional independence, says the Supreme Court

The recent judgement of the Supreme Court of India in Re: Summoning Advocates who give legal opinion is not merely a legal ruling; it is a profound jurisprudential restatement of the very foundations of a robust justice delivery system.

The term "without prejudice" plays an imperative role in commercial contracts, as it provides protection to the party from the admissions/contradictions made in the written correspondence in a manner that no rights or privileges are waived or lost.

The Bombay High Court has reiterated that communications between a lawyer and client are privileged and cannot be disclosed to a third party without the express consent of the client.

The provenance of ‘Without Prejudice' correspondences under Indian Law can be traced back to the provisions under Section 23 of the Indian Evidence Act, 1872 ("Evidence Act").

The Supreme Court of India, in a path breaking dynamic judgment, ( Shafhi Mohammad Vs. The State Of Himachal Pradesh SLP (Crl.)No.2302 of 2017) , has rationalized the law relating to the admissibility...

As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate's firm ...

In continuation of the highlights of the New Delhi High Court (Original Side) Rules, 2018, the present article deals with the remaining chapters i.e., Chapter XVI to Chapter XXXI...