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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As to Inquiries and Trials

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

Earlier law: CrPC section 303 (Right of person against whom proceedings are instituted to be defended)

In plain words

Anyone accused of an offence, or facing proceedings under this Sanhita, has the right to be defended by an advocate of their choice.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 340

  • Ashok v. State of Uttar Pradesh
    2024 INSC 9192 December 2024Allowed

    Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…