CrPC 41D→BNSS 38

CrPC 41D to BNSS 38: Right of arrested person to meet an advocate of his choice during interrogation

Section 41D CrPC (1973) replaced by Section 38 BNSS (2023)

View CrPC Section 41D →View BNSS Section 38 →

CrPC 41D to BNSS 38 at a Glance

Section 41D CrPC (Right of arrested person to meet an advocate of his choice during interrogation) is now Section 38 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 41D to BNSS 38?

From 1 July 2024, Section 41D of the Code of Criminal Procedure, 1973 became Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The only change between the provisions is the section number, which moves from Section 41D CrPC to Section 38 BNSS. That renumbering is a change of form only. The section heading and every word of the statutory text are identical in the Code and the Sanhita. No new sub-section, time limit, condition, or exception has been added, and no words have been removed. Because the words are the same, the legal rule is completely unchanged.

CrPC 41D vs BNSS 38: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section41D38
HeadingRight of arrested person to meet an advocate of his choice during interrogationSame

CrPC 41D and BNSS 38: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 41D, CrPC 1973

41D. 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 be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.
BNSS 2023 (in force)

Section 38, BNSS 2023

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 be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

When It Applies: CrPC 41D vs BNSS 38

Under CrPC 41D
  1. Section 41D of the Code of Criminal Procedure, 1973 applies when the police have arrested a person and are questioning him.
  2. Once arrested and under police questioning, the person shall be entitled to meet a lawyer while that questioning is taking place.
  3. The arrested person has the right to select which lawyer he meets under Section 41D CrPC.
  4. Section 41D CrPC limits the entitlement to meeting the lawyer during questioning; it does not extend to the whole interrogation.
Under BNSS 38
  1. Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when the police have arrested a person and are questioning him.
  2. An arrested person under police questioning shall be entitled to meet a lawyer while the interrogation is going on.
  3. Under Section 38 BNSS, the arrested person decides which advocate he meets during police interrogation.
  4. Section 38 BNSS limits the entitlement to meeting the advocate during questioning; it does not extend to the entire interrogation.

What CrPC 41D to BNSS 38 Means in Practice

Because the text of Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is identical to Section 41D of the Code of Criminal Procedure, 1973, the legal position of an arrested person and the police remains unchanged from 1 July 2024. Any person who is arrested and interrogated by the police continues to be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. Only the statutory reference changes from Section 41D CrPC to Section 38 BNSS.

FAQs: CrPC 41D to BNSS 38

Which section of the BNSS corresponds to Section 41D CrPC?▼

Section 41D of the Code of Criminal Procedure, 1973 corresponds to Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which came into force from 1 July 2024. Section 41D CrPC and Section 38 BNSS carry the same heading and deal with the right of an arrested person to meet an advocate of his choice during interrogation. The transition from the Code to the Sanhita is a change of form by renumbering, as the statutory wording is unchanged.

Did Section 38 BNSS expand or restrict the right to meet an advocate during interrogation compared to Section 41D CrPC?▼

Neither. Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 repeats the exact text of Section 41D of the Code of Criminal Procedure, 1973 without adding or removing any words. Under Section 41D CrPC and Section 38 BNSS, 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. Because the wording is identical, the rule and its limitation are unchanged.

Were any new sub-sections or time limits added when Section 41D CrPC became Section 38 BNSS?▼

No. Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains no new sub-sections and no time limits, just like Section 41D of the Code of Criminal Procedure, 1973. No other provision of the Code was merged into Section 38 BNSS, and no new conditions were introduced from 1 July 2024. The text continues to state the entitlement of a person who is arrested and interrogated by the police to meet an advocate of his choice during interrogation, though not throughout interrogation.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·