Right of arrested person to meet an advocate of his choice during interrogation.
What this section does
Any person arrested and interrogated by the police has the right to meet an advocate of their choice during interrogation, though this right does not extend to having the advocate present throughout the entire interrogation.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Arrested person · Police officer · Advocate
- Time limit
- None specified
Derived from CrPC s.41D.
Read the official text
For the binding statutory text of BNSS Section 38, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 38 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.