Supreme Court Criminal Digest: October 2025

Advocate - Procedure for Summoning an Advocate (in exceptional cases) - Status of in-house counsel - Supreme Court laid down procedure for summoning advocates in exceptional cases - i. An Investigating Officer (I.O.) can only summon an Advocate if the I.O. has knowledge of an issue that falls under the exceptions to Section 132 of the BSA (e.g., communication made in furtherance of an illegal purpose)- In such a case, the summons must specifically mention the exception under which the Advocate is being summoned; ii. Any summons issued against an Advocate by an I.O. must be with the prior approval and satisfaction of the hierarchical Superior, not below the rank of a Superintendent of Police (SP), and a reasoned order must be recorded; iii. In-house counsel are not entitled to the professional privilege under Section 132 of the BSA since they are not Advocates practicing in Courts as spoken of in the BSA- they would be entitled to the protection under Section 134 insofar as any communication made to the legal advisor of their employer- The protection under Section 134 cannot be claimed for the communications between the employer and the In-house counsel themselves. [Relied on Jacob Mathew v. State of Punjab, (2005) 6 SCC 1; Paras 48-50, 59-67] In Re : Summoning Advocates, 2025 LiveLaw (SC) 1051 : 2025 INSC 1275 Advocate - Treatment of Advocate's Digital Devices and Confidentiality- Supreme Court held that - i. While examining any digital device of an Advocate, care shall be taken by the Court not to impair the confidentiality with respect to the other clients of the Advocate; ii. The discovery shall be strictly confined to the information sought by the Investigating Officer, provided it is found to be permissible and admissible. [Paras 54 - 58] In Re : Summoning Advocates, 2025 LiveLaw (SC) 1051 : 2025 INSC 1275 Army Act, 1950 - Sections 63, 69, 70, 162 - Armed Forces Tribunal Act, 2007 - Section 15(6) - Arms Act, 1959 - Sections 3, 25(1-B) - Code of Criminal Procedure, 1973 - Section 222 - Substitution of Conviction - Act Prejudicial to Good Order and Military Discipline - Possession of Ammunition - Scope of AFT's Power to Substitute Finding – Held, Section 15(6)(a) of the Armed Forces Tribunal Act, 2007, vests the Tribunal with the power to substitute a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh - This power is in pari materia with Section 162 of the 1950 Act and akin to Section 222 of the Code of Criminal Procedure, 1973, which permits conviction for a lesser or cognate offence on the same set of facts - Noted that the legislative intent is that the appellate forum is not denuded of power to render a lawful finding where the evidence sustains a different, though related, offence - The twin conditions for exercising this power are fulfilled: (i) the accused could have been lawfully found guilty of the substituted offence by the original court-martial based on the evidence presented; and (ii) the Tribunal may pass a new sentence - The concurrent findings of fact regarding the recovery of ammunition from the appellant's possession were not assailed as perverse - Since the recovery of old, aged ammunition was established, this factual foundation clearly disclosed an act or omission prejudicial to good order and military discipline under Section 63 of the 1950 Act, reflecting the appellant's failure to follow mandatory procedure for disposal and accounting of old ammunition - The appellant could lawfully have been convicted under Section 63 of the 1950 Act based on the proved facts - The scope of interference by the Supreme Court in an appeal under Section 30 of the 2007 Act is limited - It would interfere only if the order is shown to be arbitrary, unreasonable, or capricious - This exercise of discretion was found to be just and proportionate, balancing disciplinary needs with fairness, and thus did not call for any interference - Appeal dismissed. [Relied on: Union of India & Ors. v. R. Karthik, (2020) 2 SCC 782; Paras 17-27] S.K. Jain v. Union of India, 2025 LiveLaw (SC) 994 : 2025 INSC 1215 Arrest - Grounds of Arrest v. Reasons for Arrest – Held that there is a significant difference between the phrase "reasons for arrest" and "grounds of arrest" - Reasons for arrest are purely formal parameters and are general in nature (e.g., to prevent further offense, proper investigation, prevent tampering with evidence) - Grounds of arrest must be personal to the accused and required to contain all basic facts in the hand of the investigating officer which necessitated the arrest, to provide the accused an opportunity of defending himself against custodial remand and to seek bail. Ahmed Mansoor v. State, 2025 LiveLaw (SC) 1026 Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS) - Section 528 - Inherent Power of High...

Supreme Court Criminal Digest: October 2025

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