Section 40
Right of arrested person to meet advocate of his choice
Arrest of Persons
Plain English Explanation
Every arrested person has the right to meet a lawyer of their choice during interrogation. However, the lawyer does not have to be present throughout the entire interrogation — the right is to meet, not to have the advocate present at all times. This is a strengthened right compared to CrPC and is aligned with Supreme Court directions in D.K. Basu v. State of West Bengal.
Legal Text
Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 40
Every person accused of an offence and arrested under this Sanhita shall have the right to meet an advocate of his choice during interrogation, although not throughout the interrogation.
Keywords
right to advocatelegal representationinterrogation rightsright to counselarrested personlawyer during interrogationfundamental rights
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