Bharatiya Nagarik Suraksha Sanhita

Section 340

Right of person against whom proceedings are instituted to be defended

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⚡ Quick Answer Reference: Section 340 BNSS

Provision: Section 340 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Jurisdiction: India
Summary: A person accused of an offence has the right to be defended by a lawyer of their choice in a criminal court or under this act.

Statutory Content

What does Section 340 of BNSS say?

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.

Indian StandardSection 340, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 340 (India)

Court Pleading StandardSection 340 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 340 of BNSS mean?

Plain English Explanation

A person accused of an offence has the right to be defended by a lawyer of their choice in a criminal court or under this act.

Practical Interpretation

In practice, this section ensures that individuals facing legal proceedings have access to legal representation, allowing them to defend themselves effectively.

Core Legal Purpose

The core purpose is to uphold the principle of a fair trial by guaranteeing the right to legal defense, which is fundamental to justice and human rights.

Key Legal Elements

•The person must be accused of an offence before a Criminal Court or have proceedings instituted against them under this Sanhita.
•The person has the right to choose their own advocate for defense.
•The key legal test is whether the proceedings are indeed under this Sanhita or before a Criminal Court.
•There is no explicit exception or limitation mentioned in this section regarding the right to be defended.

Practical Example

Practical Example of Section 340 BNSS

Rajesh is accused of a crime and faces trial in a Criminal Court. Under Section 340, Rajesh has the right to be defended by an advocate of his choice, ensuring he receives a fair trial. He chooses Priya, a skilled lawyer, to defend him. This section protects Rajesh's right to legal representation, crucial for his defense.

Common Questions (FAQ)

Frequently Asked Questions about Section 340 BNSS

Q: What is the punishment or consequence under Section 340 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It focuses on the right to legal defense.

Q: Does this section apply to private individuals or public entities?

This section applies to any person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Sanhita, without distinction between private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section does not classify offences as bailable or cognizable. It deals with the right to legal defense in proceedings under this Sanhita or before a Criminal Court.

Common Questions about Section 340 BNSS

What is Section 340 of BNSS?

Section 340 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Right of person against whom proceedings are instituted to be defended". In plain terms: A person accused of an offence has the right to be defended by a lawyer of their choice in a criminal court or under this act.

What is the punishment under Section 340 of BNSS?

Section 340 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 340 of BNSS bailable or non-bailable?

Whether Section 340 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 340 of BNSS?

The essential elements of Section 340 of BNSS are: The person must be accused of an offence before a Criminal Court or have proceedings instituted against them under this Sanhita.; The person has the right to choose their own advocate for defense.; The key legal test is whether the proceedings are indeed under this Sanhita or before a Criminal Court..

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