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CrPC · Chapter V · Arrest of persons

CrPC section 41D in the BNSS

CrPC 41DBNSS 38

CrPC section 41D, “Right of arrested person to meet an advocate of his choice during interrogation”, is now BNSS section 38 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 41D to BNSS 38

The words are the same as in the CrPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 38 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 texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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