Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest of Persons
Section 38: Right of arrested person to meet an advocate of his choice during interrogation
In plain words
A person arrested and questioned by the police is entitled to meet an advocate of their choice during interrogation, though not for the whole of it.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 38
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Mihir Rajesh Shah v. State of Maharashtra and Another
Whether in each and every case, even arising out of an offence under Penal Code, 1860 now Bharatiya Nyaya Sanhita, 2023 would it be necessary to furnish grounds of arrest to an accused either before arrest or forthwith…