Chapter XXIV
Section 303 CrPC: Right of person against whom proceedings are instituted to be defended
New Law Update (2024)
Section 398 BNSS
TRIAL COURT
Any Criminal Court
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
M.H. Hoskot v. State of Maharashtra (1978):
This case established that free legal aid is an essential ingredient of a ‘reasonable, fair and just’ procedure for a person facing deprivation of life and liberty, especially for an indigent accused.
Hussainara Khatoon v. Home Secretary, State of Bihar (1979):
This landmark case highlighted the right to free legal aid as a fundamental right implicit in Article 21 of the Constitution and mandated states to provide it to indigent accused persons, particularly during the pre-trial stages and for undertrials.
Mohd. Ajmal Amir Kasab v. State of Maharashtra (2012):
The Supreme Court reiterated that even in cases involving heinous crimes and terrorism, the accused has an absolute right to legal representation of his choice, and if indigent, to free legal aid, ensuring the sanctity of a fair trial and due process.