Right of Arrested Person To Meet An Advocate During Interrogation

Section 41D of the Code Criminal Procedure, 1973 deals with the right of arrested person to meet an advocate of his choice during interrogation.

According to this Provision, 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.

Right of Arrested Person

From bare perusal of Section 41D makes it clear that whenever any person is arrested and he is interrogated by police, legislature has cast duty upon the arresting officer that accused shall be entitled to meet with his advocate of his choice during interrogation but the said advocate has no right to be present throughout the interrogation.

The main object of Section 41D is to obtain legal advice from a legal brain to protect his constitutional and statutory rights.

Section 41D is also inserted in the Code of Criminal Procedure by way of Amendment Act 5 of 2009 w.e.f November 1, 2010 and the provision is mandatory in nature.

Other Rights of Arrested Person

  • Right to Know the grounds of Arrest [S. 50 (1)]
  • Information regarding right to be released on bail [S. 50 (2)]
  • Production before a Magistrate [S. 57]
  • Examination of Accused by Medical Practitioner at the request of the Police Officer [S. 53]
  • Examination of arrested person by Medical Officer [S. 54]
  • Procedure when Police Officer deputes subordinate to arrest without warrant [S. 55]
  • Health and Safety of Arrested Person [S. 55A]
  • Arrest to be made strictly according to the Code [S. 60A]

Under Article 22 of the Constitution of India, a person who is arrested for whatever reason, gets three independent rights.

The first is the right to be told the reasons for the arrest as soon as an arrest is made, the second is the right to be produced before a Magistrate within 24 hours and the third is the right to be defended by an advocate of his choice.

When the Constitution lays down in absolute terms a right to be defended by one’s own counsel, it cannot be taken away by ordinary law.

See Also

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  1. Jitendra Singh @ Babboo Singh v. State of U.P. {Supreme Court of India, 10 Jul 2013}
  2. Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble {Supreme Court of India, 8 Sep 2003}
  3. Joginder Kumar v. State Of U.P {Supreme Court of India, 25 Apr 1994}
  4. Sheela Barse v. State of Maharashtra {Supreme Court of India, 15 Feb 1983}
  5. State of Madhya Pradesh v. Shobharam {Supreme Court of India, 22 Apr 1966}
  6. State of Punjab v. Ajaib Singh {Supreme Court of India, 10 Nov 1952}