Section 38: Right of person to meet an advocate of his choice during interrogation
Section 38 lays down a vital protection of the rights of the person who is detained for interrogation by the police. This section guarantees that a person who is detained and is subjected to questioning has the right to consult with an advocate of his choice. This section reiterates the principle of legal representation during any process that might be coercive.
As per the provisions of this section, A person who is arrested has the right to see an advocate of their choice while being in police custody. This right is important as it allows a person to get legal advice. It ensures that the person understands his rights and the legal position of the interrogation. Legal representation also protects a person from being coerced or influenced in a way that makes them say what they do not want.
While the arrested person is entitled to consult with an advocate, this right is not absolute and continuous throughout the interrogation process. The details of when and in what circumstances such consultations may be held are determined by police procedures and the nature of the interrogation, with the aim of balancing the individual's right to legal representation and the legitimate needs of the investigation.
