CRPC §41D → BNSS §38
Right of arrested person to meet an advocate of his choice during interrogation
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Comparison
41D. 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.]
38. 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.
What changedAI-inferred
Right of arrested person to meet advocate of his choice during interrogation.
Old position
CrPC 41D is concerned with Right of arrested person to meet an advocate of his choice during interrogation. Right of arrested person to meet an advocate of his choice during interrogation
New position
BNSS 38 preserves the framework with drafting modernisations as required by the new code. Topic: arrested. 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
BNSS 38 (arrested) preserves the framework of CrPC 41D. BNSS 38 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 38 text: When any person is arrested and interrogated by the police, he shall be...
Editorial deltaAI-indicated (source-linked)
BNSS 38 (arrested) preserves the framework of CrPC 41D. BNSS 38 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 38 text: 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.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 41D continues to apply. For matters from that date forward, BNSS 38 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 38 (arrested). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §41D → BNSS §38 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/crpc/41D.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.