Presence of Advocates allowed during interrogation

Last updated: 10 July 2023

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Quick Summary

The Bombay High Court has ruled that an advocate can be present during the recording of a petitioner's statement, provided they are within visible but not audible distance. This decision stems from a case where the petitioner sought permission for videography of their interrogation. The court affirmed the constitutional right of an accused to have their advocate present during police interrogation, referencing Article 20(3) and 22(1) of the Indian Constitution.

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in Shri Prakash Kumar Rameshbhai Patel v. State of Maharashtra [Criminal Writ Petition no. 2053 of 2023 dated June 28, 2023] held that, the Petitioner's Advocate can remain present during the recording of the Petitioner's statement at a visible distance but not audible distance.

Citation :
Criminal Writ Petition no. 2053 of 2023 dated June 28, 2023

The Hon'ble Bombay High Court in Shri Prakash Kumar Rameshbhai Patel v. State of Maharashtra [Criminal Writ Petition no. 2053 of 2023 dated June 28, 2023] held that, the Petitioner's Advocate can remain present during the recording of the Petitioner's statement at a visible distance but not audible distance.

Facts

Shri Prakash Kumar Rameshbhai Patel ("the Petitioner") prayed before the Hon'ble Bombay High Court seeking permission for videography of the interrogation.

Issue

Whether Petitioner's Advocate can present while interrogation during GST proceedings?

Held

The Hon'ble Bombay High Court in Criminal Writ Petition no. 2053 of 2023 held as under:

Held that, the Petitioner's Advocate is allowed to remain present at a visible distance, but not at an audible distance at the time of recording of the Petitioner statement.

Our Comments

As per Article 20(3) and Article 22(1) of the Indian Constitution, an accused person is entitled to presence of his Advocate during interrogation by a Police Officer. This position has been asserted without reservation in Nandini Satpathy's case A.I.R. 1978 S.C. 1025. Hence, an accused person during interrogation by a Police Officer is permitted the right to the presence of his Advocate.

Currently, the rights of presence of the Advocate of the accused person during interrogation in India is limited, which poses significant challenges in the pursuit of justice, allowing Advocates to be present during interrogations would address these challenges and bring about several notable benefits.

FAQ :

Yes, the Bombay High Court has ruled that your advocate can be present during the recording of your statement, but they must be at a visible distance and not within earshot.

The Bombay High Court held that an advocate is allowed to be present at a visible distance, but not an audible distance, when a petitioner's statement is being recorded.

This ruling was made by the Hon'ble Bombay High Court in Criminal Writ Petition no. 2053 of 2023.

The ruling relates to Article 20(3) and Article 22(1) of the Indian Constitution, which grant an accused person the right to the presence of their advocate during interrogation.

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Judgement posted by

Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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