Section 341 BNSS: Legal aid to accused at State expense in certain cases (Formerly Section 304 CrPC)

Section 341 of Bharatiya Nagarik Suraksha Sanhita, 2023: Legal aid to accused at State expense in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 341

Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 304 of the CrPC, 1973) establishes the mandatory obligation of the Court of Session and other designated courts to assign an advocate for the defence of an accused at State expense where the accused lacks sufficient means to engage counsel.

Indigence / Lack of Means: Triggered where the accused is not represented by an advocate and it appears to the Court that the accused has not sufficient means to engage counsel.
Court of Session & Empowered Courts: Mandatory in trials before the Court of Session; High Courts may extend applicability to trials before other criminal courts by notification.
Assignment at State Expense: The Court must assign an advocate for defence at the expense of the State in accordance with High Court rules.
Effective Assistance Standard: Assigned counsel must be provided adequate time and complete case briefs; assigning incompetent or unprepared counsel violates fair trial.

Key Landmark Precedents:

Suk Das v. Union Territory of Arunachal Pradesh, (1986) 2 SCC 401: The Supreme Court authoritatively held that failure to provide legal representation to an indigent accused vitiates the trial and conviction, warranting quashment of the sentence.
Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 98: Held that free legal services to the poor and needy is an essential element of reasonable, fair, and just procedure under Article 21.

Courtroom Practice & Strategic Litigation Guidance:

Legal aid counsel appointed under Section 341 must demand complete paper books and move for reasonable trial adjournments to properly study the depositions and evidence before entering the cross-examination stage.