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.
Bharatiya Nagarik Suraksha Sanhita
Section 38
Right of arrested person to meet an advocate of his choice during interrogation
Englishहिंदी
⚡ Quick Answer Reference: Section 38 BNSS
- Provision: Section 38 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: This section allows an arrested person to meet with a lawyer of their choice during police interrogation, but not for the entire duration.
Statutory Content
What does Section 38 of BNSS say?
Indian StandardSection 38, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 38 (India)
Court Pleading StandardSection 38 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/38
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 38 of BNSS mean?
Plain English Explanation
This section allows an arrested person to meet with a lawyer of their choice during police interrogation, but not for the entire duration.
Practical Interpretation
In practice, this means the arrested person can have a lawyer present at some point during the interrogation process, providing them with legal guidance and support.
Core Legal Purpose
The purpose of this provision is to ensure the arrested person's rights are protected and they have access to legal counsel during a potentially vulnerable time.
Key Legal Elements
- •The person must be under arrest
- •The person must be undergoing police interrogation
- •The key test is whether the person has been given a reasonable opportunity to meet with their chosen advocate
- •The limitation is that the advocate's presence is not required throughout the entire interrogation
Practical Example
Practical Example of Section 38 BNSS
For instance, if Rajesh is arrested and taken in for questioning by the police, he can request to meet with his lawyer, Priya, at some point during the interrogation. The police must allow this meeting, although they can determine its timing and duration. This ensures Rajesh has some level of legal representation and advice during the process.
Common Questions (FAQ)
Frequently Asked Questions about Section 38 BNSS
Q: What is the punishment or consequence under Section 38 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who are arrested and interrogated by the police, regardless of whether they are private individuals or associated with public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence, so it does not specify whether an offence would be bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 38 BNSS
What is Section 38 of BNSS?
Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Right of arrested person to meet an advocate of his choice during interrogation". In plain terms: This section allows an arrested person to meet with a lawyer of their choice during police interrogation, but not for the entire duration.
What is the punishment under Section 38 of BNSS?
Section 38 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 38 of BNSS bailable or non-bailable?
Whether Section 38 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 38 of BNSS?
The essential elements of Section 38 of BNSS are: The person must be under arrest; The person must be undergoing police interrogation; The key test is whether the person has been given a reasonable opportunity to meet with their chosen advocate.
Landmark Case Laws
Landmark Judgments under Section 38 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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