Presence of Advocates allowed during interrogation

Last updated: 10 July 2023
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

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Judgements Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
View all CCI PRO benfits

Already a PRO member? Login here for an ad-free experience.

 

Bimal Jain
Published in GST
Views : 423
Share Report Abuse
Comments


Recent Judgments :

  1. Forest Development Tax Demand, Collection and Refund Subject to Final Outcome of Pending Cases
  2. SC : Extended Limitation Cannot Be Invoked Where Department Was Aware of Valuation Facts
  3. SC : Selling Shares While in Possession of UPSI Constitutes Insider Trading Even if No Profit Is Made
  4. SC : Laser Imagers Compatible with Machines Under Different Tariff Headings Classifiable Under CTH 9033
  5. Education Consultancy Services to Foreign Universities Not Intermediary Services; Refund of IGST on Export of Services Allowed
  6. Penalty Cannot Be Confirmed Beyond What is Specified in Statutory Form GST DRC-01
  7. Non-Supply of Field Visit Report Vitiates Rejection of Revocation Application
  8. Alternative Remedy before GSTAT to be Exhausted Despite Allegation that Adjudication Travelled Beyond SCN
  9. ITAT Jodhpur: AO Allows ₹2.61 Crore Deduction under Sections 54EC and 54F; Assessee's Appeal Dismissed as Infructuous
  10. CESTAT Revokes Suspension of Customs Broker Licence for Non-Compliance with Mandatory 15-Day Hearing Requirement

View More Judgments »


Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Pro Member B L BhojwaniB L BhojwaniPro Member naresh kharenaresh kharePro Member Manoj SharmaManoj SharmaPro Member Ravi VarshneyRavi VarshneyPro Member purshottam guptapurshottam gupta
Subscribe to Pro
Join an elite circle of professionals

Browse by Category