Section 340 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 340 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 340 of the BNSS, 2023, guarantees the fundamental right of an accused person to legal representation.
Text of Section 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
Key Points:
Right to Legal Representation: This section affirms that every individual accused of a crime has the inherent right to be defended by a lawyer of their choosing.
Legal Equality: It ensures that all accused persons, regardless of their background or resources, have access to legal counsel, promoting fairness in the judicial process.
Comparison with Previous Law: This provision aligns with Section 303 of the Indian Penal Code, 1973 (Cr.P.C.), which also grants the right to be defended by a pleader of choice.
Practical Implications:
Self-Representation: While the right to choose legal representation is guaranteed, an accused person may choose to represent themselves. However, this is generally discouraged due to the complexities of legal procedures.
Legal Aid: For those unable to afford legal services, the legal aid system provides free legal assistance, ensuring that the right to a fair trial is upheld
Changing Legal Counsel: An accused person has the right to change their advocate during the proceedings, subject to the court's approval.
Illustration:
If an individual is accused of theft, they have the right to hire a lawyer of their choice to represent them in court.
RELATED Blog
0 comments