Section 303 CrPC: Right to Be Defended by a Lawyer of Choice - Section 340 BNSS
A person accused of a criminal offence has the statutory right to be defended by a legal practitioner of their choice. This protection was expressed in Section 303 of the Code of Criminal Procedure, 1973 (CrPC), and is now contained in Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Section 303 CrPC - Original statutory provision
Section 303 of the Code of Criminal Procedure, 1973 was titled "Right of person against whom proceedings are instituted to be defended." It stated:
"Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice."
This provision recognised the accused person's entitlement to select a pleader for their defence. The expression "pleader" is used in the former CrPC text.
Section 340 BNSS - Present corresponding provision
Section 340 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Right of person against whom proceedings are instituted to be defended", provides:
"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."
The substantive protection is retained. The updated legislation refers to an advocate rather than a pleader and to proceedings under the Sanhita rather than the former Code.
Meaning and scope of the right to defence
Choice of advocate
An accused person may engage an advocate of their choice to represent them in criminal proceedings. The right to choose counsel does not mean that any particular advocate must accept the engagement, or that the State must pay for the chosen private advocate.
Representation before a criminal court
The statutory protection applies to a person accused of an offence before a criminal court and to a person against whom proceedings are instituted under the applicable criminal procedure law. Representation remains subject to lawful court procedure and professional rules.
Constitutional protection
Article 22(1) of the Constitution of India protects an arrested person's right to consult and be defended by a legal practitioner of their choice, subject to constitutional exceptions. Article 21 protects fair procedure and the right to a fair trial. These constitutional protections complement the statutory provision.
Right to free legal aid
The right to engage an advocate of choice and the entitlement to State-funded legal aid are related but distinct. Section 341 BNSS addresses legal aid to an accused at State expense in specified circumstances, and Article 39A directs the State to promote equal justice and free legal aid. Eligible persons may seek assistance through the legal services authorities under the Legal Services Authorities Act, 1987.
See the related Section 304 CrPC guide on legal aid and the National Legal Services Authority (NALSA) website.
CrPC Section 303 and BNSS Section 340: Key points
- Old provision: Section 303, Code of Criminal Procedure, 1973.
- Current corresponding provision: Section 340, Bharatiya Nagarik Suraksha Sanhita, 2023.
- Protected right: Defence by a legal practitioner chosen by the person facing proceedings.
- Related legal aid provision: Section 341 BNSS, corresponding to Section 304 CrPC.
- Transition: Section 531 BNSS governs repeal and savings, including specified pending proceedings.
Frequently asked questions
Is Section 303 CrPC still applicable?
The CrPC has been repealed by the BNSS, subject to the repeal-and-savings provisions. Section 340 BNSS generally governs proceedings under the new law; Section 303 CrPC may remain relevant to saved pending proceedings and older cases.
Can an accused person appoint their own lawyer?
Yes. Section 340 BNSS recognises the right to be defended by an advocate of choice. The former equivalent was Section 303 CrPC.
Does this section guarantee a free lawyer of choice?
No. The right to choose and engage an advocate is distinct from the right to publicly funded legal aid. State-funded representation is addressed by separate constitutional and statutory safeguards.
Official legal sources
For the authoritative statutory language and any subsequent amendments, consult the Bureau of Police Research and Development's official new criminal laws portal and its BNSS reference PDF. The India Code portal provides central legislation. For free legal aid, refer to NALSA.
This article is general legal information and not a substitute for advice on the facts of a particular case.