Yes, India recognizes the concept of attorney-client privilege, which protects professional communications as well as work product created in anticipation of litigation. Professional communications between a client and their advocate are protected under the Indian Evidence Act 1872, the Advocates Act 1961 and the Bar Council of India Rules. The Indian Evidence Act 1872 provides that an obligation of confidentiality rests upon certain categories of legal practitioners, i.e., barristers, attorneys, pleaders or vakils. Vakil is an Urdu word for an advocate, pleader, counsel or attorney. At the time of British rule in India, the term was used to describe a pleader of Indian origin. Subsequent to the enactment of the Advocates Act 1961, a single category of legal practitioners was created, i.e., advocates, and the use of the term vakil was done away with. However, the term still appears in earlier legislation.

Legal practitioners that are subject to an obligation of confidentiality are not permitted to:

• Disclose any communication made to them in the course of and for the purpose of their employment, by or on behalf of the client
• State the contents or condition of any document with which they have become acquainted in the course and for the purpose of their professional employment
• Disclose any advice given by them to their client in the course and for the purpose of such employment

However, privilege does not extend to circumstances where:

• The client has expressly consented to disclosure of the privileged information
• The communication has been made in furtherance of any illegal purpose
• The barrister, pleader, attorney or vakil, in the course of their employment, observes that any crime or fraud has been committed since the commencement of their employment

Under the Indian Evidence Act 1872, a person cannot be compelled to disclose any confidential communication between themselves and their legal professional adviser. The only exception is where a person offers themselves as a witness, and the court compels them to disclose communications necessary to explain the evidence they have given.

The protection of privilege extends to all the work products and communication exchanged between a client and attorney in anticipation of litigation. This includes communication to:

• Obtain advice for the litigation
• Obtain or collect evidence to be used in the litigation
• Obtain information that will lead to such evidence, drafts of notices, pleadings and so forth exchanged between the attorney and the client

Indian law follows the English position concerning work product. The work product must be prepared by counsel or the request of counsel in anticipation of litigation to confer protection.