CrPC § 304 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024

Section 304 CrPC — Legal aid to accused at State expense in certain cases

Replaced from 1 July 2024 by BNSS 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.

The law now: BNSS 341 — 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 at the expense of the State.

(2)The High Court may, with the previous approval of the State Government, make rules providing for—

(a) the mode of selecting advocates for defence under sub-section (1);

(b) the facilities to be allowed to such advocates by the Courts;

(c) the fees payable to such advocates by the Government, and generally, for carrying out the purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 341 in full

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