CrPC Section 304: Legal aid to accused at State expense in certain cases
Code of Criminal Procedure, 1973 · Chapter 24: General Provisions as
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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 rule 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 fee 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 the Courts of Session.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 300. Person once convicted or acquitted not to be tried for same offence
- 301. Appearance by public prosecutors
- 302. Permission to conduct prosecution
- 303. Right of person against whom proceedings are instituted to be defended
- 305. Procedure when corporation or registered society is an accused
- 306. Tender of pardon to accomplish
- 307. Power to direct tender of pardon
- 308. Trial of person not complying with conditions of pardon
- 309. Power to postpone or adjourn proceedings
- 310. Local inspection
- 311. Power to summon material witness, or examine person present
- 311A. Power of Magistrate to order person to give specimen signatures or handwriting
- 312. Expenses of complainants and witnesses
- 313. Power to examine the accused
- 314. Oral arguments and memorandum of arguments
- 315. Accused person to be competent witness
- 316. No influence to be used to induce disclosure
- 317. Provision for inquiries and trial being held in the absence of accused in certain cases
- 318. Procedure where accused does not understand proceedings
- 319. Power to proceed against other persons appearing to be guilty of offence
- 320. Compounding of offences
- 321. Withdrawal from prosecution
- 322. Procedure in cases which Magistrate cannot dispose of
- 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
- 324. Trial of persons previously convicted of offences against coinage, stamp law or property
- 325. Procedure when Magistrate can not pass sentence sufficiently severe
- 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 327. Court to be open