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Bharatiya Nagarik Suraksha Sanhita, 2023

Section 38, BNSS: Right of arrested person to meet an advocate of his choice during interrogation

Pundora · Published 3 October 2026

Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the Act's own words, with the CrPC provision it replaces.

What it replaces

BNSS provisionCrPC provisionRelation
Section 38Section 41Dcorresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: CrPC to BNSS.

The section

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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nagarik Suraksha Sanhita, 2023, section 38 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNSS to CrPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.