Section 38 BNSS: Right of arrested person to meet an advocate of his choice during interrogation
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 38 BNSS at a Glance
Section 38 BNSS deals with right of arrested person to meet an advocate of his choice during interrogation. It replaced Section 41D CrPC on 1 July 2024. Popularly called the right to meet an advocate. Every word of the text is unchanged.
Section 38 BNSS Bare Act Text
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.
Source: Section 38, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 38 BNSS in Simple Words
Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects a person who has been arrested and is being questioned by the police. It gives the arrested person a legal entitlement to meet a lawyer of his own choosing while police interrogation is taking place.
The purpose of Section 38 BNSS is to ensure that an arrested person is not denied access to an advocate of his choice during police questioning. At the same time, the Sanhita places a clear boundary on this entitlement.
Although the arrested person shall be entitled to meet his chosen advocate during interrogation, the advocate cannot stay present throughout the entire interrogation.
When Section 38 BNSS Applies
- Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when the police have arrested a person and are questioning him.
- An arrested person under police questioning shall be entitled to meet a lawyer while the interrogation is going on.
- Under Section 38 BNSS, the arrested person decides which advocate he meets during police interrogation.
- Section 38 BNSS limits the entitlement to meeting the advocate during questioning; it does not extend to the entire interrogation.
Example of Section 38 BNSS
When Section 38 BNSS Does Not Apply
- Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply if a person has not been arrested, because the provision requires that the person be arrested and interrogated by the police.
- Section 38 BNSS does not apply when an arrested person is not being interrogated by the police.
- Section 38 BNSS does not give an arrested person the right to have an advocate of his choice remain present throughout the entire interrogation.
Section 38 BNSS in the CrPC (Previous Law)
Section 38 BNSS replaces Section 41D CrPC from the old criminal code.
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.
View CrPC Section 41D →FAQs on Section 38 BNSS
When can a person claim the right to meet an advocate under Section 38 BNSS?▼
A person can claim the right under Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 when he is arrested and interrogated by the police. Arrest and police interrogation must exist together for the provision to apply. Once a person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation. If a person is not arrested or is not being interrogated by the police, Section 38 BNSS does not apply.
Does Section 38 BNSS allow an advocate to be present throughout police interrogation?▼
No. Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that an arrested person who is interrogated by the police shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. The Sanhita permits the arrested person to meet his chosen advocate while interrogation is taking place, but it expressly excludes any entitlement to have the advocate remain present throughout the entire interrogation.
Is meeting an advocate of choice a right under Section 38 BNSS?▼
Yes. Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that when any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation. The words shall be entitled give the arrested person a right to the meeting. The arrested person also has the right to choose the advocate he meets under Section 38 BNSS, subject to the rule that the meeting is not throughout interrogation.
What changed in Section 38 BNSS compared to the earlier law?▼
From 1 July 2024, Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 41D of the Code of Criminal Procedure, 1973. The change is only of form through section renumbering from Section 41D CrPC to Section 38 BNSS. Every word of the heading and the operative rule remains unchanged. Under 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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·