Right to Legal Assistance During Interrogation -- Advocate's Presence Within Visual Range -- Section 38 BNSS does not confer right to continuous physical presence
Bharatiya Nagarik Suraksha Sanhita, 2023, S.38 -- Right to Legal Assistance During Interrogation -- Advocate's Presence Within Visual Range -- Section 38 BNSS entitles an arrested person to meet an advocate of choice during interrogation but does not confer an unqualified right to the continuous physical presence of the advocate throughout each interrogation session, irrespective of the visual or audible distance maintained. The advocate may remain within the site of interrogation where he can see the accused, but cannot be granted presence at every given point of the interrogation as a matter of right.
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