In India, the framework for disclosure/discovery in litigation is primarily governed by the Code of Civil Procedure 1908 (CPC) and the Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS) (erstwhile Criminal Procedure Code 1973). These are supplemented by the Bharatiya Sakshya Adhiniyam 2023 (BSA) (erstwhile Indian Evidence Act 1872), which recognizes attorney-client privilege and professional conduct norms under the Bar Council of India Rules, 1975 (BCI Rules) framed under the Advocates Act 1961 (Advocates Act).

Under the CPC, civil courts are empowered (either on their own motion or upon application by a party) to order discovery, inspection, production, impounding or return of documents and other material objects that may be produced as evidence. Similarly, under the BNSS, the court or an officer in charge of a police station may issue a summons to produce documents or any other material in the possession or control of the person to whom the summons is issued. Under the CPC and BNSS, "court" generally refers to civil and criminal courts respectively (excluding tribunals or quasi-judicial bodies unless extended by statute). In contrast, the BSA defines "court" more broadly to include all judges, magistrates and persons (except arbitrators) legally authorized to take evidence, thereby extending certain powers to statutory tribunals and adjudicating bodies.

Broad disclosure mechanisms are permitted under the above fora; however, privileged communications are generally protected under the BSA, particularly those between a client and their advocate/attorney made in the course of and for the purpose of legal advice. This privilege is not absolute and may not apply if the communication was made in furtherance of an illegal purpose or if the client waives the privilege, either expressly or by conduct.

In situations where privilege is claimed over a document or communication, the court has discretion to inspect the material to determine the validity of the claim. Indian law does not provide a detailed, codified discovery process comparable to jurisdictions like the US; instead, disclosure is often driven by judicial orders or party applications, subject to relevance and evidentiary rules.