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.
Why this exists
This provision, from Section 303 of the old CrPC, gives concrete statutory form to the constitutional right to legal representation under Article 22(1) of the Constitution of India, ensuring accused persons are never forced to face a criminal case entirely alone, and are free to pick counsel they trust.
Common misconceptions
- Myth: This right means the government must pay for any lawyer the accused wants.
Fact: This section guarantees the right to be defended by a lawyer of one's own choice; state-funded legal aid, a separate provision, only applies when the accused genuinely cannot afford a lawyer.