SECTION 341 BNSS – Legal aid to accused at State expense in certain cases

(1) Where, in a trial or appeal before a Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has not sufficient means to engage an advocate, the Court shall assign an advocate for his defence…

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SECTION 340 BNSS – 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 Sanhita, may of right be defended by an advocate of his choice.

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SECTION 339 BNSS – Permission to conduct prosecution

(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant…

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SECTION 338 BNSS – Appearance by Public Prosecutors

(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs his…

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SECTION 337 BNSS – Person once convicted or acquitted not to be tried for same offence

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor…

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SECTION 336 BNSS – Evidence of public servants, experts, police officers in certain cases

Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and- (i) such public servant, expert or officer is either transferred, retired, or…

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SECTION 335 BNSS – Record of evidence in absence of accused

(1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if…

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SECTION 334 BNSS – Previous conviction or acquittal how proved

In any inquiry, trial or other proceeding under this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,- (a) by an extract certified under the hand of the officer…

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SECTION 333 BNSS – Authorities before whom affidavits may be sworn

(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before- (a) any Judge or Judicial or Executive Magistrate; or (b) any Commissioner of Oaths appointed by a High Court or Court of Session; or (c) any notary appointed…

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SECTION 332 BNSS – Evidence of formal character on affidavit

(1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it…

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