What Is BNSS Section 340?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that individuals accused of an offence in a Criminal Court have the inherent right to be defended by an advocate of their choosing. This provision reinforces the legal rights of defendants in criminal proceedings.

Question & Answers

Q1: What right does a person accused of an offence have according to Section 340?

A1: A person accused of an offence has the right to be defended by an advocate of their choice.

Q2: In which type of court does this right apply?

A2: This right applies in a Criminal Court.

Q3: Are there any restrictions on the choice of advocate for the accused?

A3: No, the accused has the right to choose any advocate to defend them.

Example

- Example 1: An individual accused of theft in a Criminal Court chooses a well-known defense attorney to represent them during the trial.

- Example 2: A person facing charges for fraud exercises their right to select a specialized advocate to handle their case.

Summary

Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affirms the right of individuals accused of an offence to be defended by an advocate of their choice in Criminal Court proceedings, thus safeguarding the legal rights of defendants.