Right of person against whom proceedings are instituted to bedefended
Section 303 of the Code of Criminal Procedure, 1973 deals with right of person against whom proceedings are instituted to bedefended. Right of person against whom proceedings are instituted to be defended. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Right of person against whom proceedings are instituted to be defended. 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.
Section 303, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 340 Right of person against whom proceedings are instituted to be defended Text carried over almost unchanged 87%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Arasi vs State of U.p.
Court's Decision & Legal Precedent
When an accused demands production of a forensic report or any other evidence that is relevant to the case under Section 233(1) read with Section 303 Cr.P.C., the trial court is obligated to summon and produce such evidence before the court, notwithstanding the prosecution's reluctance to rely upon it. The right of the accused to produce evidence in his defense is a fundamental procedural right that cannot be denied merely because the prosecution chooses not to rely upon certain documents.
On this section: Read with Section 233(1) to establish accused's right to produce evidence
-
Ramdeo Verma& ORS. vs State of Bihar& ANR.
Court's Decision & Legal Precedent
At the time of framing charge or taking cognizance of an offence, an accused person has no right to produce any material or document. The right to be defended by a pleader of choice under Section 303 CrPC does not extend to producing documents at the inquiry stage. The settled law as pronounced by the Supreme Court in State of Orissa v. Debendra Nath Padhi prohibits consideration of documents filed by accused at the inquiry stage, and the High Court can only consider such documents in rare and exceptional cases while exercising Section 482 jurisdiction.
On this section: Right of accused to be defended by pleader of choice - interpreted in context of inquiry stage rights
-
BHOOP SINGH vs STATE
Court's Decision & Legal Precedent
The examination of prosecution witnesses in the absence of defence counsel violates the constitutional right to legal representation guaranteed under Article 22(1) of the Constitution of India and principles of natural justice. It is the constitutional duty of the trial court to ensure that an accused person is represented by counsel during the entire course of trial, particularly during examination of prosecution witnesses. The absence of defence counsel during such examination renders the trial fundamentally unfair and vitiates the conviction, necessitating remand for proper cross-examination of witnesses with legal representation.
On this section: Right of accused to be defended by a lawyer of his choice; constitutional right to legal representation
-
Krishnaiah vs State Rep. by
Court's Decision & Legal Precedent
A trial court cannot impose exorbitant or unreasonable conditions on witness recall that economically disable an accused from exercising his constitutionally guaranteed right to cross-examine prosecution witnesses and defend himself effectively. The phrase 'reasonable expenses' in Sections 243(3) and 312 CrPC must be interpreted as a limiting principle, and witness batta must be restricted to actual travelling costs (appropriate class based on officer rank) and subsistence allowance (Rs.600/- per day for necessary days). Any condition that puts economic fetters on the right to cross-examination violates Articles 14, 21, and 22 of the Constitution and the principle of fair trial established in Maneka Gandhi. The imposition of costs to legal services authorities as a condition for witness recall is not justified and restricts the right of cross-examination.
On this section: Cited to establish that the right to fair trial is statutorily expressed in the Code, and any unfair procedure in a criminal trial will vitiate the trial.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 303
What have the courts held on Section 303 of the Code of Criminal Procedure?
Arasi vs State of U.p. (14 Feb 2019) is the leading judgment on this section among those set out below: Read with Section 233(1) to establish accused's right to produce evidence. Another 3 judgments on this section are set out below. They run from 2010 to 2019.
How do I find court cases under Section 303 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 303, section 303 CRPC, section 303 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Arasi vs State of U.p. (14 Feb 2019).
What should I read with Section 303 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 340 (Right of person against whom proceedings are instituted to be defended), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 303 of the Code of Criminal Procedure come into force?
Section 303 of the Code of Criminal Procedure, cited as CRPC 303, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.