Section 340 BNSS: Right of person against whom proceedings are instituted to be defended (Formerly Section 303 CrPC)

Section 340 of Bharatiya Nagarik Suraksha Sanhita, 2023: Right of person against whom proceedings are instituted to be defended

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita, may of right be defended by an advocate of his choice.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 340

Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 303 of the CrPC, 1973) guarantees that any person accused of an offence before a criminal court, or against whom proceedings are instituted under this Sanhita, possesses an indefeasible statutory and constitutional right to be defended by an advocate of their choice.

Fundamental Right to Legal Representation: Applies to every person accused of an offence or against whom proceedings are instituted before any Criminal Court under this Sanhita.
Advocate of Choice: The right encompasses engaging an advocate of the litigant's own choice without executive interference or hindrance.
Constitutional Anchorage: Codifies the mandate of Article 22(1) and Article 21, establishing that denial of effective legal defence vitiates the entire trial.

Key Landmark Precedents:

Mohd. Ajmal Amir Kasab v. State of Maharashtra, (2012) 9 SCC 1: The Supreme Court ruled that the right to access legal assistance begins the moment an accused is arrested or produced before a Magistrate; failure to provide legal aid renders custodial statements and unrepresented proceedings unconstitutional.
Khatri (II) v. State of Bihar, (1981) 1 SCC 627: Held that the Magistrate has a constitutional and statutory duty to inform the accused of their right to be defended by counsel at State expense.

Courtroom Practice & Strategic Litigation Guidance:

In remand hearings and trial stages, invoke Section 340 immediately if a client is brought before court without counsel; proceedings conducted in the absence of defence representation are liable to be quashed.