Section 41D CrPC: Right of arrested person to meet an advocate of his choice during interrogation
Code of Criminal Procedure, 1973
Section 41D CrPC at a Glance
Section 41D CrPC deals with right of arrested person to meet an advocate of his choice during interrogation. From 1 July 2024 it is replaced by Section 38 BNSS. Popularly called the right to meet an advocate. Every word of the text is unchanged.
What Section 41D CrPC Says
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.
Source: Section 41D, Code of Criminal Procedure, 1973
Section 41D CrPC in Simple Words
Section 41D of the Code of Criminal Procedure, 1973 gives an arrested person who is being questioned by the police the right to meet a lawyer of his own choosing during the questioning process. It helps a person under arrest by making sure he is not denied access to an advocate of his choice while police interrogation is underway.
Under Section 41D CrPC, the arrested person shall be entitled to meet that advocate during interrogation. However, the Code also sets a clear limit on the meeting.
The entitlement allows meetings during interrogation, but it does not allow the advocate to stay throughout the entire interrogation.
When Section 41D CrPC Applies
- Section 41D of the Code of Criminal Procedure, 1973 applies when the police have arrested a person and are questioning him.
- Once arrested and under police questioning, the person shall be entitled to meet a lawyer while that questioning is taking place.
- The arrested person has the right to select which lawyer he meets under Section 41D CrPC.
- Section 41D CrPC limits the entitlement to meeting the lawyer during questioning; it does not extend to the whole interrogation.
Example of Section 41D CrPC
When Section 41D CrPC Does Not Apply
- Section 41D of the Code of Criminal Procedure, 1973 does not apply if a person has not been arrested, because the entitlement arises only when a person is arrested and interrogated by the police.
- Section 41D CrPC does not apply when an arrested person is not being interrogated by the police.
- Section 41D CrPC does not entitle an arrested person to have the advocate of his choice remain with him throughout the entire interrogation.
Right to Meet Advocate Under BNSS 38: What Changed
Section 41D CrPC is now covered under Section 38 BNSS.
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 detailed comparison (CrPC 41D vs BNSS 38) →FAQs on Section 41D CrPC
When does the right to meet an advocate arise under Section 41D CrPC?▼
The entitlement arises under Section 41D of the Code of Criminal Procedure, 1973 when any person is arrested and interrogated by the police. Arrest and police interrogation must exist together for the rule to operate. When a person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation. Without arrest and police interrogation, Section 41D CrPC does not apply.
Can an advocate stay with the arrested person for the entire police interrogation under Section 41D CrPC?▼
No. Section 41D of the Code of Criminal Procedure, 1973 gives an arrested person the right to meet an advocate of his choice during interrogation, though not throughout interrogation. The Code draws a clear distinction between meeting an advocate during police questioning and having the advocate present for the entire questioning. Under Section 41D CrPC, the arrested person shall be entitled to meet his chosen advocate during interrogation, but not throughout interrogation.
Who chooses the advocate that the arrested person meets under Section 41D CrPC?▼
The arrested person himself chooses the advocate. Section 41D of the Code of Criminal Procedure, 1973 states that when any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation. Because Section 41D CrPC grants an entitlement to meet an advocate of his choice, the selection of the advocate belongs to the arrested person during interrogation, though not throughout interrogation.
Which provision replaced Section 41D CrPC from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping between the Code and the Sanhita, Section 41D CrPC became Section 38 BNSS. From 1 July 2024, Section 38 BNSS contains the exact same rule and wording, stating that 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, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·