BNSS §341
are instituted to be defended. Legal aid to accused at in certain cases.
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Comparison
304. Legal aid to accused at State expense in certain cases.—(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.
341.
(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.
What changedAI-inferred
Legal aid to accused at State expense in certain cases.
Old position
CrPC 304 is concerned with Legal aid to accused at State expense in certain cases. Legal aid to accused at State expense in certain cases
New position
BNSS 341 preserves the framework with drafting modernisations as required by the new code. Topic: are instituted to be defended. Legal aid to accused at in certain cases.. 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
BNSS 341 (are instituted to be defended. Legal aid to accused at in certain cases.) preserves the framework of CrPC 304. BNSS 341 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 341 text: ...
Editorial deltaAI-indicated (source-linked)
BNSS 341 (are instituted to be defended. Legal aid to accused at in certain cases.) preserves the framework of CrPC 304. BNSS 341 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 341 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 304 continues to apply. For matters from that date forward, BNSS 341 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 341 (are instituted to be defended. Legal aid to accused at in certain cases.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §304 → BNSS §341 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/341.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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