BNSS Code 38: Right to Meet an Advocate During Interrogation
1. Code
“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.” Here is an explanation on right of arrested person to meet an advocate of his choice during interrogation:
2. Explanation
This code section enshrines the right of an arrested person to consult with a lawyer of their choice during police interrogation. The right to meet an advocate is not absolute and is restricted to “during interrogation” but not “throughout interrogation.”
The rationale behind this provision is to ensure that the arrested person is aware of their legal rights and can receive legal advice during the questioning process. This helps to prevent potential abuses and ensures a fair and just interrogation process.
3. Illustration
Imagine a person named Ram is arrested by the police in connection with a theft case. During interrogation, Ram requests to meet his lawyer, Mohan. The police, under BNSS Code 38, are obligated to allow Ram to meet Mohan during the interrogation. However, the police are not required to allow Mohan to be present throughout the entire interrogation.
4. Common Questions and Answers: on Right Of Arrested Person To Meet An Advocate Of His Choice During Interrogation
Q: Can the police deny the arrested person’s request to meet their lawyer?
A: No, the police cannot arbitrarily deny this right. They must provide a reasonable opportunity for the arrested person to meet their lawyer.
Q: Can the police restrict the duration of the meeting with the lawyer?
A: Yes, the code explicitly states that the meeting can be restricted to “during interrogation,” not throughout.
Q: What if the arrested person cannot afford a lawyer?
A: The BNSS, like the CRPC, includes provisions for legal aid. If the arrested person is unable to afford a lawyer, they can apply for legal aid, which will provide them with a lawyer at the government’s expense.
