BNSS Section 341 — Legal aid to accused at State expense in certain cases

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Criminal

Summary

If an accused person is on trial or appealing a case and does not have a lawyer, and the court finds that they cannot afford to hire one, the court must provide a lawyer for their defence at the government's expense. The High Court can create rules, with the state government's approval, about how to choose these lawyers, what facilities they can use in court, and what fees the government will pay them. The state government can also decide, by a public notice, to extend this free legal aid to other types of trials in the state, not just those in the Sessions Court.

Official Text

(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.

Related Judgments

  • SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.842 — Supreme Court of India (2025)

Old <-> New Code Mapping

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