Judicial
References Supporting Presence of Advocate During Examination / Interrogation
✔ 1. Senior Intelligence Officer v. Jugal Kishore Sharma,
(2011) 12 SCC 362
The Hon’ble Supreme Court held that
although an accused is not entitled to have his lawyer physically seated
beside him during interrogation, he is entitled to have his lawyer within
visible distance, not within hearing distance, to ensure protection of his
constitutional rights and prevent coercion.
🔹 Principle: Presence
of an advocate within sight of the accused during investigation ensures fair
procedure and prevents abuse.
✔ 2. Nandini Satpathy v. P.L. Dani, (1978) 2 SCC 424
The Supreme Court held that
interrogation must be fair, non-oppressive and non-coercive. It
recognised the right of an accused to consult a lawyer during questioning and
protected the right against self-incrimination.
🔹 Direct Quote
(Paraphrased):
A person being interrogated has the right to the presence of counsel to ensure
protection of constitutional guarantees and prevent compulsory
self-incrimination.
✔ 3. DK Basu v. State of West Bengal, (1997) 1 SCC 416
The Supreme Court laid down binding
guidelines to prevent custodial abuse. It mandated procedural safeguards
ensuring transparency of investigation and held that the character of
investigation must be compatible with Articles 21 and 22(1) of the Constitution
of India.
🔹 Relevant Extraction:
The right to consult a lawyer during interrogation is a safeguard to ensure
that interrogation is not marred by abuse or coercion.
✔ 4. Gudikanti Narasimhulu v. Public Prosecutor,
(1978) 1 SCC 240
The Supreme Court affirmed that criminal
procedure must uphold human dignity and preserve the fairness of the
investigation.
🔹 Relevance:
Legal assistance during the investigative stage reinforces fairness, preventing
prejudicial and irretrievable harm.
✔ 5. Article 20(3) of the Constitution of India
Constitutional immunity against
self-incrimination — a person cannot be compelled to be a witness against
himself.
🔹 Relevance:
Presence of an advocate ensures that the statement is voluntary and not
extracted through inducement, coercion, or threat.
very useful
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