Your rights
Can I have a lawyer during police interrogation?
Short answer
Yes, it is your fundamental right to consult a lawyer under Article 22(1). Police cannot deny this right.
Understanding the issue
Article 22(1) of the Constitution guarantees that every person who is arrested shall have the right to consult and be defended by a legal practitioner of their choice. The Supreme Court in D.K. Basu v. State of West Bengal laid down that the arrestee has the right to have a lawyer present during interrogation. Police cannot deny or delay this right. If you cannot afford a lawyer, you are entitled to free legal aid under Article 39A. You should clearly state your request for a lawyer and not answer questions until your lawyer arrives.
Laws that apply
- Article 22(1) — Right to consult a legal practitioner
- D.K. Basu v. State of West Bengal (1997) — Arrest guidelines