BNSS Section 38 — Right of arrested person to meet an advocate of his choice during interrogation

Summary

When a person is arrested and the police question them, that person has the right to meet with a lawyer they choose while the questioning is happening. However, this right does not mean the lawyer can be present for the entire duration of the interrogation.

Official Text

When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §41D — Right of arrested person to meet an advocate of his choice during interrogation