In State of Andhra Pradesh v. Suda Suresh Veera Venkata Naga Raju (2026 INSC 744), the Supreme Court clarified the scope of an accused’s right to legal representation during police interrogation under Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The case arose from an alleged custodial death. While granting police custody of the accused Police Inspector, the lower courts imposed conditions requiring interrogation inside Central Prison, continuous videography including during transit, and the presence of advocates throughout interrogation. The Supreme Court held that such rigid conditions could make effective investigation unworkable. Section 38 BNSS gives an arrested person the right to meet an advocate during interrogation, but not throughout the interrogation. Therefore, a lawyer cannot remain continuously present or interfere with questioning. The Court also removed the requirement of uninterrupted videography during transit, while maintaining safeguards for actual interrogation and discovery procedures. The judgment emphasizes a balance between an accused’s Article 21 rights and the police’s power to conduct an effective investigation. Judicial safeguards must protect against custodial abuse without defeating legitimate investigative requirements.