BNSS Section 340: Right of person against whom proceedings are instituted to be defended
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 26: General Provisions as to Inquiries and Trials
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¶340. 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.
Study: explanations and related material
Replaces CrPC 303. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 337. Person once convicted or acquitted not to be tried for same offence
- 338. Appearance by Public Prosecutors
- 339. Permission to conduct prosecution
- 341. Legal aid to accused at State expense in certain cases
- 342. Procedure when corporation or registered society is an accused
- 343. Tender of pardon to accomplice
- 344. Power to direct tender of pardon
- 345. Trial of person not complying with conditions of pardon
- 346. Power to postpone or adjourn proceedings
- 347. Local inspection
- 348. Power to summon material witness, or examine person present
- 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc
- 350. Expenses of complainants and witnesses
- 351. Power to examine accused
- 352. Oral arguments and memorandum of arguments
- 353. Accused person to be competent witness
- 354. No influence to be used to induce disclosure
- 355. Provision for inquiries and trial being held in absence of accused in certain cases
- 356. Inquiry, trial or judgment in absentia of proclaimed offender
- 357. Procedure where accused does not understand proceedings
- 358. Power to proceed against other persons appearing to be guilty of offence
- 359. Compounding of offences
- 360. Withdrawal from prosecution
- 361. Procedure in cases which Magistrate cannot dispose of
- 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
- 363. Trial of persons previously convicted of offences against coinage, stamp-law or property
- 364. Procedure when Magistrate cannot pass sentence sufficiently severe
- 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 366. Court to be open