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

Official Text

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader 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 pleaders for defence under sub-section (1);

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

(c) the fees payable to such pleaders 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.

Referred to by

• CrPC §39 — Public to give information of certain offences

Related Judgments

• RANJAN DWIVEDI vs UNION OF INDIA — Supreme Court of India (1983)
• SUDHAKAR TIWARI vs STATE — Delhi High Court (2012)
• MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU MUJAHID vs STATE OF MAHARASHTRA — Supreme Court of India (2012)
• MOHD. FIROZ vs STATE OF MADHYA PRADESH — Supreme Court of India (2022)
• ASHOK DEBBARMA @ ACHAK DEBBARMA vs STATE OF TRIPURA — Supreme Court of India (2014)
• RAMYASH @ LAL BAHADUR vs THE STATE OF UTTAR PRADESH AND ANOTHER ETC. ETC — Supreme Court of India (2025)

Old <-> New Code Mapping

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