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    Question

    Consider the following statements regarding the right to

    meet an advocate under Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: An arrested person has an absolute and unqualified right to meet an advocate at any time during interrogation. Statement 2: The police officer can restrict the accused's meetings with the advocate if the officer believes it would hamper fair investigation. Statement 3: The accused can meet with an advocate of their own choice, but the police can impose reasonable conditions to ensure fair investigation. Statement 4: The right to meet an advocate is applicable only after the interrogation begins, not during custody before interrogation. Which statements are correct?
    A Statements 1 and 4 only Correct Answer Incorrect Answer
    B Statements 2 and 3 only Correct Answer Incorrect Answer
    C Statements 2 and 4 only Correct Answer Incorrect Answer
    D Statement 3 only Correct Answer Incorrect Answer
    E Statements 1 and 3 only Correct Answer Incorrect Answer

    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.

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