Section 41D CrPC: Right of Arrested Person to Meet an Advocate During Interrogation
Section 41D of the Code of Criminal Procedure, 1973 protected an arrested person's right to meet an advocate of his choice during police interrogation. The provision expressly clarified that this right did not extend to the advocate remaining present throughout the entire interrogation.
Text of Section 41D of the Code of Criminal Procedure, 1973
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.
Meaning and Scope of Section 41D CrPC
Section 41D applied where two conditions existed together: the person had been arrested and the police were interrogating that person. In that situation, the arrested person was legally entitled to meet an advocate of his choice during the interrogation process.
The words "though not throughout interrogation" limited the provision. Section 41D did not create an unrestricted statutory right to insist that the advocate remain continuously present beside the arrested person for every question and answer. It guaranteed access to the chosen advocate during interrogation, subject to the limitation written into the section.
Purpose of the Provision
The provision formed part of the statutory safeguards governing arrest and police procedure. It recognized access to legal assistance at the interrogation stage while preserving the distinction between a right to meet an advocate and a right to continuous presence of counsel throughout questioning.
Key Requirements Under Section 41D
- Arrest: the person must have been arrested.
- Police interrogation: the arrested person must be undergoing interrogation by the police.
- Advocate of choice: the arrested person may meet an advocate chosen by that person.
- During interrogation: the meeting is permitted during the interrogation process.
- Not throughout: the statutory wording does not require the advocate to remain present continuously for the entire interrogation.
Section 41D and the Law Before BNSS
This page explains Section 41D as it operated under the Code of Criminal Procedure, 1973 before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force. Section 41D was inserted by the Code of Criminal Procedure (Amendment) Act, 2008 as part of reforms concerning arrest and procedural safeguards.
CrPC Section 41D and BNSS Section 38
| Earlier law | Current corresponding provision | Subject |
|---|---|---|
| Section 41D, Code of Criminal Procedure, 1973 | Section 38, Bharatiya Nagarik Suraksha Sanhita, 2023 | Right of arrested person to meet an advocate of choice during interrogation |
Official Legal Resources
For the statutory text and legislative material, see the Code of Criminal Procedure, 1973 on India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.
This article is intended for legal information and study. Application of procedural law may depend on the date of the proceeding, applicable saving provisions and the facts of the case.