Section 340 BNSS: Right of person against whom proceedings are instituted to be defended
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 340 BNSS at a Glance
Section 340 BNSS deals with right of person against whom proceedings are instituted to be defended. It replaced Section 303 CrPC on 1 July 2024.
Section 340 BNSS Bare Act Text
340. Right of person against whom proceedings are instituted to be defended
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.
Source: Section 340, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 340 BNSS in Simple Words
Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Sanhita, may of right be defended by an advocate of his choice.
When Section 340 BNSS Applies
- Under Section 340 BNSS, any person accused of an offence before a Criminal Court may of right be defended by an advocate of his choice.
- Under Section 340 BNSS, any person against whom proceedings are instituted under the Bharatiya Nagarik Suraksha Sanhita, 2023 may of right be defended by an advocate of his choice.
Example of Section 340 BNSS
When Section 340 BNSS Does Not Apply
- Section 340 BNSS speaks of a person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Sanhita. It does not deal with a person who is only a witness in the case.
- Section 340 BNSS speaks of defence by an advocate of the choice of the person accused. It does not deal with the assignment of an advocate at the expense of the State, which Section 341 BNSS covers under the heading Legal aid to accused at State expense in certain cases.
Section 340 BNSS in the CrPC (Previous Law)
Section 340 BNSS replaces Section 303 CrPC from the old criminal code.
From 1 July 2024, Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 303 of the Code of Criminal Procedure, 1973, with the same heading. Section 340 BNSS reads Sanhita where Section 303 CrPC read Code, and an advocate of his choice where Section 303 CrPC read a pleader of his choice.
View CrPC Section 303 →FAQs on Section 340 BNSS
Who may of right be defended by an advocate under Section 340 BNSS?▼
Under Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023, any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Sanhita, may of right be defended by an advocate of his choice.
Does Section 340 BNSS cover only a person accused of an offence?▼
No. Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers any person accused of an offence before a Criminal Court and also any person against whom proceedings are instituted under the Sanhita.
Whose choice of advocate does Section 340 BNSS refer to?▼
Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the person may of right be defended by an advocate of his choice, that is, an advocate chosen by the person accused or against whom proceedings are instituted.
What changed from Section 303 CrPC to Section 340 BNSS from 1 July 2024?▼
From 1 July 2024, Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 303 of the Code of Criminal Procedure, 1973. The heading is the same and the text is the same, except that Section 340 BNSS reads this Sanhita where Section 303 CrPC read this Code, and an advocate of his choice where Section 303 CrPC read a pleader of his choice.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·