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Right of the Arrested Person to Consult an Advocate During Interrogation | SECTION 38 | BNSS


Right of the Arrested Person to Consult an Advocate During Interrogation

Introduction

The year 2023 marked a historic transformation in India’s criminal justice system with the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing the 50-year-old Criminal Procedure Code (CrPC) of 1973.
Among the many reforms, Section 38 BNSS is one of the most significant safeguards for citizens, especially those facing arrest or police questioning.
This provision ensures that even after being arrested, a person does not lose their fundamental right to legal support.

What is Section 38 BNSS 2023?

Section 38 clearly states that an arrested individual has the right to meet an advocate of his choice during police interrogation, although the advocate cannot remain present for the entire duration of questioning.

In simple language:

  • If someone is arrested by the police,

  • They can ask for their lawyer to meet them while they are being questioned,

  • But the lawyer is allowed only at specific intervals, not continuously.

This protects the accused from pressure, threats, forced statements or mental harassment during custody.

Purpose and Importance of Section 38

The primary goals of Section 38 are:

  • To protect the dignity and rights of a detained person,

  • To ensure fair and transparent investigation,

  • To prevent custodial torture and forced confessions,

  • To create public trust in the legal system.

India’s Constitution guarantees the Right to Life and Personal Liberty under Article 21 and the Right to legal defence under Article 22(1).
Section 38 strengthens these promises in real-life situations.

Why Section 38 is a Game-Changer

Key BenefitReal Meaning
Protection against misuse of powerPolice cannot force a confession easily
Increases fairnessLegal support reduces injustice
Encourages ethical investigationTransparency increases
Human rights enforcedMental and physical torture controlled

📌 Example for Clear Understanding

Suppose Ravi is arrested in a fraud case. The police begin questioning him, and he feels pressured.
Under Section 38 BNSS, he can say:
“I want to meet my advocate before answering further questions.”
The police must allow the lawyer to meet him.
The advocate will guide and counsel him, although they cannot sit inside the interrogation room for the entire questioning.

🆚 BNSS 2023 vs Old CrPC 1973

CrPC (Old Law)BNSS 2023 (New Law)
No clear rule about lawyer’s access during interrogationExplicit right to meet advocate during interrogation
Weak protection against custodial pressureStrong citizen-centric legal safeguard

✍️ Conclusion

Section 38 BNSS 2023 is a powerful legal shield ensuring that arrest does not take away a person’s fundamental rights.
It creates a balance between effective investigation and human dignity.
This reform promotes the belief that justice must never come at the cost of personal liberty.

KEYWORDS

  • Section 38 BNSS explained

  • BNSS 2023 legal rights of arrested person

  • Right to meet advocate during police interrogation

  • BNSS vs CrPC comparison

  • Bharatiya Nagarik Suraksha Sanhita notes for students

  • Human rights during police custody India

❓ Frequently Asked Questions

Q1. What protection does Section 38 offer?
→ The right to meet an advocate of choice during interrogation.

Q2. Can the lawyer sit throughout the interrogation?
→ No, only at intervals, not continuously.

Q3. Why is Section 38 important?
→ To prevent forced confession, torture and protect constitutional rights.  


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