*Special Podcast* Why In-House Lawyers Have NO Legal Privilege in India?

19/08/2026 GC By LawWiser
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In this episode of LawWiser’s Special Podcast, Dr. Akhil Prasad and Sanjeev Gemawat (General Counsel Association of India – GCAI), while speaking to our host Aman Abbas, break down one of the biggest anomalies in Indian law: why communication with in-house counsel/general counsel is NOT protected by legal privilege — unlike communication with external advocates. They dive deep into the critical distinction between Section 132 (protecting advocates) and Section 134 (protecting “legal advisers”) under the Indian Evidence Act / Bharatiya Sakshya Adhiniyam, why this gap forces companies to bypass in-house counsel for privileged conversations, and how this compares to international jurisdictions that already recognize GC privilege.

Topics covered:

✅ What is General Counsel (GC) privilege?

✅ Section 132 vs Section 134 — advocate vs legal adviser

✅ Why the recent judgment on in-house privilege is flawed

✅ The Bar Council’s definition of “legal practitioner” and why it excludes in-house counsel

✅ Why this anomaly hurts corporate litigation strategy in India

✅ GCAI’s representation and push for consultation on this issue

 

A must-watch for in-house counsel, general counsels, corporate legal teams, law students, and anyone interested in Indian corporate law reform.

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