What is BNSS Section 38?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 38: Right of Arrested Person to Meet an Advocate of His Choice During Interrogation

When any person is arrested and interrogated by the police, he shall have the right to meet an advocate of his choice during the interrogation, though not for the entire duration of the interrogation.

Brief Detail

Section 38 provides that an arrested individual has the right to consult with an advocate of their choice during police interrogation. However, this right does not extend to the continuous presence of the advocate throughout the entire interrogation process.

Question & Answers

Q1: What does Section 38 state about the rights of an arrested person?

A1: Section 38 states that an arrested person has the right to meet an advocate of their choice during police interrogation, but this does not mean the advocate can be present throughout the entire interrogation.

Q2: Is the advocate allowed to be present during the entire interrogation?

A2: No, the advocate is not allowed to be present throughout the entire interrogation. The arrested person can meet the advocate during specific times as permitted by the police.

Example

• Example 1: A person arrested on suspicion of theft is allowed to meet their lawyer before the interrogation continues.
• Example 2: During a break in the interrogation, the police permit the arrested individual to consult privately with their advocate.

Summary

Section 38 ensures the protection of the arrested person’s legal rights by granting them access to legal counsel during police interrogation. However, the advocate’s presence is not mandatory throughout the entire questioning session.