Earlier
law in respect of right of an arrested person to meet his advocate was not codified.
Hon’ble Supreme Court, however in the case of “D.K Basu v State of West Bengal” AIR 1997 SC 610, crystallised
the position by holding that the “the arrestee may be permitted to meet his lawyer during
interrogation, though not throughout the interrogation.”
National Human Rights Commission in its guidelines dated November
22, 1999 insisted that, the person arrested should be permitted to meet his/her
lawyer at any time during the interrogation.
Now with the introduction of Section 41D in the Code of CriminalProcedure, 1973 vide Code of Criminal Procedure Amendment Act, 2008 the arrested person has right to meet
his/her lawyer during interrogation.
Visit Section 41D of Code of Criminal Procedure, 1973