An accused can use parliamentary privilege as a defence in criminal proceedings only in extremely narrow circumstances, since Article 105 and 194 of the Constitution protect legislators specifically for speech and conduct within the legislature in connection with its proceedings, not for general criminal conduct occurring outside that specific context. Whether an accused can use parliamentary privilege as a defence in criminal proceedings depends entirely on whether the alleged act falls genuinely within the scope of legislative proceedings, and courts have interpreted this privilege narrowly to prevent misuse as a shield for unrelated criminal conduct. This narrow interpretation reflects a deliberate balance — protecting the independence and free functioning of the legislature without turning that protection into a blanket immunity for legislators in their personal or unrelated conduct.

Courts examining this defence look closely at whether the specific act in question — a statement, a vote, or conduct — was genuinely made in connection with a legislative proceeding, such as a debate, a committee hearing, or a formal parliamentary process, as opposed to conduct that merely happened to occur on legislative premises or involved a sitting legislator but had no real connection to legislative business. The privilege exists to protect the function of the legislature, not the person holding legislative office more broadly.

This is a highly specialised constitutional defence relevant only in very specific factual situations, and given how narrowly courts have construed its scope, it is rarely a viable defence outside of genuine controversies directly tied to legislative speech or proceedings. Attempting to stretch this privilege to cover conduct clearly outside that narrow scope is unlikely to succeed and can sometimes undermine the credibility of an otherwise legitimate defence built on other grounds.

For guidance on whether this privilege genuinely applies to your circumstances, Aapka Legal Advice can provide a careful constitutional assessment of whether the conduct in question falls within this narrow protected category. Our network of Top Criminal Lawyers in India and retired judges panel bring precise expertise to this rarely invoked but important constitutional protection, understanding exactly where courts have drawn the line between protected legislative conduct and ordinary criminal liability. In conclusion, parliamentary privilege offers real but tightly bounded protection, and an honest, precise assessment of whether your situation falls within that boundary is essential before relying on it.