An accused person has been arrested and is in police custody. The accused wishes to meet with an advocate to consult about their case. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the accused's right to meet an advocate recognized?

Solution

Section 38 of BNSS, 2023 provides the "Right of arrested person to meet an advocate of his choice during interrogation". The section states: "Every person who is arrested and is to be interrogated shall have the right to meet an advocate of his choice during such interrogation as may be permitted by the officer making the arrest, though not in such a manner as to hamper a fair investigation." This provision ensures that the accused can consult with their advocate without the police hampering the investigation. Section 35 deals with when police may arrest without warrant, Section 36 addresses the procedure of arrest, Section 40 addresses arrest by private persons, and Section 39 addresses arrest on refusal to give name and residence, but Section 38 specifically grants the right to meet an advocate.