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CrPC, 1973
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CrPCChapter VSection 41D
Section41D

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

AI Assist

Summary

A person arrested and being interrogated has the right to meet an advocate of their choice during interrogation, though not for the entire duration. This kicks in when the police have taken someone into custody for questioning. The arrestee can consult an advocate at some point, but the advocate need not be present throughout the interrogation.

Example

Priya is taken to the police station after a neighbour’s complaint and is questioned. During the questioning she is allowed to meet the lawyer she chooses for a private consultation, though the lawyer is not required to stay with her for the whole interrogation.

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

  • 41When police may arrest without warrant
  • 41ANotice of appearance before police officer
  • 41BProcedure of arrest and duties of officer making arrest
  • 41CControl room at districts
  • 41DRight of arrested person to meet an advocate of his choice during interrogation
  • 42Arrest on refusal to give name and residence
  • 43Arrest by private person and procedure on such arrest
  • 44Arrest by Magistrate
  • 45Protection of members of the Armed Forces from arrest
  • 46Arrest how made
  • 47Search of place entered by person sought to be arrested
  • 48Pursuit of offenders into other jurisdictions
  • 49No unnecessary restraint
  • 50Person arrested to be informed of grounds of arrest and of right to bail
  • 50AObligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person
  • 51Search of arrested persons
  • 52Power to seize offensive weapons
  • 53Examination of accused by medical practitioner at the request of police officer
  • 53AExamination of person accused of rape by medical practitioner
  • 54Examination of arrested person by medical officer
  • 54AIdentification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 55AHealth and safety of arrested person
  • 56Person arrested to be taken before Magistrate or officer in charge of police station
  • 57Person arrested not to be detained more than twenty-four hours
  • 58Police to report apprehensions
  • 59Discharge of person apprehended
  • 60Powers, on escape, to pursue and re-take
  • 60AArrest to be made strictly according to the Code
Previous · Section 41CControl room at districtsNext · Section 42Arrest on refusal to give name and residence