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BNSS, 2023
Start Practicing
BNSSChapter XXVISection 340
Section340

Right of person against whom proceedings are instituted to be defended

AI Assist

Summary

A person accused before a Criminal Court, or against whom proceedings are started under this Sanhita, has a right to be defended by an advocate of their choice. This right applies at any stage of the proceedings. The court must allow the accused to be represented by the lawyer they select.

Example

Ravi is charged with stealing from a shop and proceedings are started in a Criminal Court. He chooses Meera as his advocate. The court must allow Meera to defend him and cannot refuse his choice.

Bare Act

Enacted text

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.

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XXVI

Chapter XXVI

General Provisions as to Inquiries and Trials

In this chapter

  • 337Person once convicted or acquitted not to be tried for same offence
  • 338Appearance by Public Prosecutors
  • 339Permission to conduct prosecution
  • 340Right of person against whom proceedings are instituted to be defended
  • 341Legal aid to accused at State expense in certain cases
  • 342Procedure when corporation or registered society is an accused
  • 343Tender of pardon to accomplice
  • 344Power to direct tender of pardon
  • 345Trial of person not complying with conditions of pardon
  • 346Power to postpone or adjourn proceedings
  • 347Local inspection
  • 348Power to summon material witness, or examine person present
  • 349Power of Magistrate to order person to give specimen signatures or handwriting, etc
  • 350Expenses of Complainants and witnesses
  • 351Power to Examine accused
  • 352Oral arguments and memorandum of arguments
  • 353Accused person to be competent witness
  • 354No influence to be used to induce disclosure
  • 355Provision for inquiries and trial being held in absence of accused in certain cases
  • 356Inquiry, trial or judgment in absentia of proclaimed offender
  • 357Procedure where accused does not understand proceedings
  • 358Power to Proceed against other persons appearing to be guilty of offence
  • 359Compounding of offences
  • 360Withdrawal from prosecution
  • 361Procedure in cases which Magistrate cannot dispose of
  • 362Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
  • 363Trial of persons previously convicted of offences against coinage, stamp-law or property
  • 364Procedure when Magistrate cannot pass sentence sufficiently severe
  • 365Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
  • 366Court to be open
Previous · Section 339Permission to conduct prosecutionNext · Section 341Legal aid to accused at State expense in certain cases