Section 340: Right of person against whom proceedings are instituted to be defended
Section 340 of the Bhartiya Nagarik Suraksha Sanhita, 2023 guarantees that any person accused of a criminal offence has the right to have such representation by an advocate of their choice in criminal proceedings.
Every individual who is proceeded against for any offense by a Criminal Court, or against whom any proceedings under this Sanhita are conducted, shall be entitled to the right to defend himself through a lawyer of his choice. Under this provision, the accused may receive the type of legal services he considers suitable to present their case in court.
This includes a right to be represented in the courts. Representing a defense in the legal courts allows for the effective presenting of defense by the accused in the allegations levied against him. The importance of such representation is rooted within the core and foundation of what makes up due process, meaning a fair trial, that a just and democratic legal system upholds.
-It further affords the criminal law an easier process through expert legal representation of the accused.
The right to choose his or her advocate significantly empowers the defendant. By choosing counsel who is best suited to represent their interests, the accused can enhance their possibilities of an outcomes under a just trial. This power will lead to an effective defense, which is seen particularly in complex legal matters.
The second area is covered by Section 340, in which the same right to justice is protected when ensuring that anyone who is prosecuted, regardless of their socio-economic status, be provided with quality legal representation in order to forestall miscarriage of justice where an accused, for lack of competent legal aid, may suffer unfair or unauthorized judicial process.
