Right to Legal Counsel
Written in plain language to promote general understanding. This is educational information, not legal advice. Based on Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions.
Indian Central Law
What is this right?
Every arrested person in India has the right to consult and be defended by a lawyer of their choice — this is a fundamental right under Article 22(1).
- Right to consult a lawyer: You may consult your lawyer privately before and during any interrogation — the police cannot refuse.
- Right to free legal aid: If you cannot afford a lawyer, you have the right to free legal representation paid for by the State under the Legal Services Authorities Act, 1987 — this applies to anyone arrested and produced before a court.
- Duty lawyers at courts: Legal Services Authorities post duty lawyers at sessions and magistrate courts to provide immediate free representation to accused persons produced before the court.
- BNSS s. 303: Explicitly confirms the right of any accused to be defended by a pleader of their choice throughout any criminal proceeding.
When does it apply?
- You are arrested or detained.
- You are produced before a magistrate or sessions court and cannot afford legal representation.
- You are charged with a serious offence and your lawyer is not present during questioning.
What should you do?
- Immediately upon arrest, state clearly: "I want to speak to my lawyer before answering any questions."
- If you cannot afford a lawyer, ask the police or the magistrate to contact the District Legal Services Authority (DLSA) — they must arrange free representation.
- Call the National Legal Services Authority (NALSA) helpline: 15100 — available to connect you with free legal aid.
- Ask that all questioning be deferred until your lawyer arrives.
What should you NOT do?
- Do not waive your right to a lawyer based on police assurances that it is not necessary — always have legal representation in criminal matters.
- Do not allow a lawyer appointed by the police on your behalf without verifying their independence — you have the right to a lawyer of your own choice, not one suggested by the very agency investigating you.
- Do not assume the right to a lawyer applies only at trial — it applies from the moment of arrest.
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