Section38
The Bharatiya Nagarik Suraksha Sanhita, 2023

Right of arrested person to meet an advocate of his choice during interrogation

In force From 01 Jul 2024 Act 46 of 2023 As on 14 Oct 2026

Act 46 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with right of arrested person to meet an advocate of his choice during interrogation. 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. The Act came into force on 01 Jul 2024.

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.

Section 38, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).

Questions about Section 38

What does Section 38 of the Bharatiya Nagarik Suraksha Sanhita deal with?

Section 38 of the Bharatiya Nagarik Suraksha Sanhita is headed "Right of arrested person to meet an advocate of his choice during interrogation". 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.

How do I find court cases under Section 38 of the Bharatiya Nagarik Suraksha Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 38, section 38 BNSS, section 38 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

When did Section 38 of the Bharatiya Nagarik Suraksha Sanhita come into force?

Section 38 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 38, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.