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

Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024

BNSS 340: Right of person against whom proceedings are instituted to be defended

From 1 July 2024

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.

What it replaced in the CrPC

BNSS 340 ← CrPC 303 · Right of person against whom proceedings are instituted to be defendedChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: "Pleader" is replaced by "Advocate".

Printed in both official correspondence tables (BPR&D and NCRB).

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

CrPC 303 on its own page →

Which one applies

Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.

Read BNSS section 531 →

Judgments decided under CrPC 303

They remain the law on CrPC 303. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.