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BNSS, 2023
Start Practicing
BNSSChapter VSection 38
Section38

Right of arrested person to meet an advocate of his choice during interrogation

AI Assist

Summary

When police arrest and interrogate a person, that person has a right to meet an advocate of their choice during interrogation, though not for the entire duration. The right kicks in once arrest and questioning begin. Police must permit meetings with the chosen advocate while interrogation is ongoing.

Example

Priya is arrested after a shop dispute and taken for police questioning. She asks to meet the advocate she prefers. Police must allow her to meet that advocate during the interrogation, though the advocate need not stay for the entire questioning.

Bare Act

Enacted 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.

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V

Chapter V

Arrest of Persons

In this chapter

  • 35When police may arrest without warrant
  • 36Procedure of arrest and duties of officer making arrest
  • 37Designated police officer
  • 38Right of arrested person to meet an advocate of his choice during interrogation
  • 39Arrest on refusal to give name and residence
  • 40Arrest by private person and procedure on such arrest
  • 41Arrest by Magistrate
  • 42Protection of members of Armed Forces from arrest
  • 43Arrest how made
  • 44Search of place entered by person sought to be arrested
  • 45Pursuit of offenders into other jurisdictions
  • 46No unnecessary restraint
  • 47Person arrested to be informed of grounds of arrest and of right to bail
  • 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  • 49Search of Arrested person
  • 50Power to seize offensive weapons
  • 51Examination of accused by medical practitioner at request of police officer
  • 52Examination of person accused of rape by medical practitioner
  • 53Examination of arrested person by medical officer
  • 54Identification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 56Health and safety of arrested person
  • 57Person arrested to be taken before Magistrate or officer in charge of police station
  • 58Person arrested not to be detained more than twenty-four hours
  • 59Police to Report apprehensions
  • 60Discharge of Person apprehended
  • 61Power, on escape, to pursue and retake
  • 62Arrest to be made strictly according to Sanhita
Previous · Section 37Designated police officerNext · Section 39Arrest on refusal to give name and residence