Can an Advocate Visit the Police Station on Behalf of a Client?

Advocates can visit and be present at police stations to support their clients, but they must not interfere with the investigative process. Their role is to ensure that their client’s legal and constitutional rights are protected during any police interaction.

Legal Framework

1. DK Basu v. State of West Bengal (1997) 1 SCC 416

This landmark judgment laid down guidelines to prevent custodial torture and protect the rights of arrested persons. One of the key directions was:

“The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.”

This means the advocate can be present within visible distance, but not within hearing range — a balance between protecting rights and allowing effective police investigation.

2. Section 160 of the Code of Criminal Procedure (CrPC) Now 179 of the Bhartiya Nagrik Suraksha Sanhitha (BNSS)

  • Permits the police to summon witnesses or persons acquainted with the facts of a case.

  • An advocate may accompany their client during such a summons to ensure legality and fairness.

3. Section 41D of CrPC (inserted by the 2008 amendment) Now 38 of BNSS

This provision explicitly states:

“An arrested person shall be entitled to meet an advocate of his choice during interrogation, though not throughout the interrogation.”

Smart Advocate Practices 

  • Be physically present to observe and safeguard rights.

  • Accompany clients when they are summoned or arrested.

  • Request medical examination if there's suspicion of custodial violence.

  • Assist in negotiating bail or filing legal applications.

  • Submit documents, legal representations, or complaints against misconduct.

  • Inform clients of their rights under Article 22 of the Constitution and CrPC.

  • Carry a Vakalatnama or written authorization when engaging with police.


  • Document any misconduct and escalate through legal channels if needed.

As with all aspects of litigation practice, dignity, discretion, and discipline are the hallmarks of effective legal representation — even in high-pressure environments like police station.

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