Section 340 BNSS: Right of Person to Be Defended by an Advocate of Choice
Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects the right of a person accused before a Criminal Court, or otherwise facing proceedings under the BNSS, to be defended by an advocate of that person's choice.
Text of Section 340 BNSS
Meaning of Section 340 BNSS
The provision recognises a statutory right to legal representation. It applies not only to a person formally accused of an offence before a Criminal Court but also to a person against whom proceedings are instituted under the BNSS. The expression "may of right be defended" makes clear that engaging an advocate of choice is a legal right, subject to the applicable law and procedure governing appearance before the court concerned.
The phrase "advocate of his choice" means that, where a person arranges legal representation, the defence may ordinarily be conducted by an advocate chosen by that person. This provision should be read along with constitutional guarantees of a fair criminal process and other BNSS provisions dealing with legal aid and representation.
Key Elements of Section 340
- Who is protected: a person accused of an offence before a Criminal Court and a person against whom proceedings are instituted under the BNSS.
- Nature of the protection: a right to be defended.
- Choice of counsel: the person may be defended by an advocate of his choice.
- Current procedural law: the BNSS came into force on 1 July 2024, subject to the commencement notification and the savings provisions contained in the Sanhita.
Section 340 BNSS and Former Section 303 CrPC
Section 340 BNSS corresponds to the subject previously dealt with in Section 303 of the Code of Criminal Procedure, 1973. The core right remains substantially the same. One visible drafting change is the use of the word "advocate" in Section 340 BNSS in place of "pleader" in the former provision.
Why the Right to Counsel Matters
Legal representation enables an accused or other affected person to understand the accusation or proceeding, raise available legal objections, test prosecution evidence, make submissions on procedure and law, and effectively participate in the criminal process. Section 340 therefore forms part of the wider framework intended to ensure fairness in criminal proceedings.
Official Legal Sources
Ministry of Home Affairs - commencement notification dated 23 February 2024
Frequently Asked Questions
What does Section 340 BNSS provide?
It provides that a person accused of an offence before a Criminal Court, or a person against whom proceedings are instituted under the BNSS, may as of right be defended by an advocate of his choice.
When did the BNSS come into force?
The Central Government appointed 1 July 2024 as the commencement date for the BNSS, except for the specified entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule.
Which old CrPC provision is closest to Section 340 BNSS?
The corresponding subject was contained in Section 303 of the Code of Criminal Procedure, 1973.
This page provides general legal information and reproduces the statutory provision for reference. For a particular case, the applicable procedural law, transitional provisions and court rules should be checked.