Section 303 CrPC: Right of person against whom proceedings are instituted to be defended
Code of Criminal Procedure, 1973
Section 303 CrPC at a Glance
Section 303 CrPC deals with right of person against whom proceedings are instituted to be defended. From 1 July 2024 it is replaced by Section 340 BNSS.
What Section 303 CrPC Says
303. 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 Code, may of right be defended by a pleader of his choice.
Source: Section 303, Code of Criminal Procedure, 1973
Section 303 CrPC in Simple Words
Section 303 of the Code of Criminal Procedure, 1973 provides that any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Code, may of right be defended by a pleader of his choice.
When Section 303 CrPC Applies
- Under Section 303 CrPC, any person accused of an offence before a Criminal Court may of right be defended by a pleader of his choice.
- Under Section 303 CrPC, any person against whom proceedings are instituted under the Code of Criminal Procedure, 1973 may of right be defended by a pleader of his choice.
Example of Section 303 CrPC
When Section 303 CrPC Does Not Apply
- Section 303 CrPC speaks of a person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Code. It does not deal with a person who is only a witness in the case.
- Section 303 CrPC speaks of defence by a pleader of the choice of the person accused. It does not deal with the assignment of a pleader at the expense of the State, which Section 304 CrPC covers under the heading Legal aid to accused at State expense in certain cases.
Section 303 CrPC Under BNSS 340: What Changed
Section 303 CrPC is now covered under Section 340 BNSS.
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 detailed comparison (CrPC 303 vs BNSS 340) →FAQs on Section 303 CrPC
Who may of right be defended by a pleader under Section 303 CrPC?▼
Under Section 303 of the Code of Criminal Procedure, 1973, any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under the Code, may of right be defended by a pleader of his choice.
Does Section 303 CrPC cover only a person accused of an offence?▼
No. Section 303 of the Code of Criminal Procedure, 1973 covers any person accused of an offence before a Criminal Court and also any person against whom proceedings are instituted under the Code.
Whose choice of pleader does Section 303 CrPC refer to?▼
Section 303 of the Code of Criminal Procedure, 1973 provides that the person may of right be defended by a pleader of his choice, that is, a pleader chosen by the person accused or against whom proceedings are instituted.
Where is Section 303 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 303 CrPC has no sub-sections, and maps as a whole to Section 340 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·