Code of Criminal Procedure, 1973 · Chapter XXIV: General Provisions As to Inquiries and Trials
Section 303: Right of person against whom proceedings are instituted to be defended
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Any person accused of an offence, or against whom proceedings are started under this Code, has the right to be defended by a pleader of their choice.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 303
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Ashok v. State of Uttar Pradesh
Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…
- Shivam Singh@ Nanhe v. State of NCT of Delhi)
- Raj Kumar v. State of (N.C.T.) of Delhi
- Jamahir @ Jawahar Paswan v. State (Gnct of Delhi)
- Raj Kumar @Bheema v. State NCT of Delhi & Anr
- Jamshed Ansari v. High Court of Judicature at Allahabad and Ors.
- Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra
- Rajesh Talwar v. C.B.I. & Ors.
- Mohd. Hussain @ Julfikar Ali v. The State (Govt. of Nct) Delhi
- C. Venkatachalam v. Ajitkumar C. Shah and Others
- Pawan v. State of Uttaranchal
- Jayendra Saraswathy Swamigal, Tamil Nadu v. State of Tamil Nadu and Ors.
- T.C. Mathai v. The District Sessions Judge, Thiruvananthapuram,Kerala
- Harishankar Rastogi v. Girdhari Sharma and Anr.