Consider the following statements regarding the right to

Solution

Section 38 of BNSS, 2023 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." Statement 3 is correct—the accused has the right to choose but police can impose conditions. Statement 1 is incorrect because the right is not absolute; it can be regulated to prevent hampering of investigation. Statement 2 is incorrect because "belief" is not the standard; the actual hampering of investigation must be shown. Statement 4 is incorrect because the right applies "during interrogation", which commences during custody. Statement 3 alone correctly balances the right with permissible restrictions.