Code: Section 341 BNSS
Right to Free Legal Aid in Criminal Trials
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.
Explanation of Section 341 BNSS
Section 341 of the Bharatiya Nyaya Sanhita (BNSS), 2023, ensures that accused persons who cannot afford legal representation are provided with a state-appointed advocate. This provision aligns with Article 39A of the Indian Constitution, which guarantees free legal aid to ensure justice for all, regardless of financial status.
Key Provisions of Section 341 BNSS
- Mandatory Legal Aid for Indigent Accused
- If an accused cannot afford an advocate, the court must assign one at the State’s expense.
- High Court’s Power to Frame Rules
- The High Court, with State Government approval, can make rules for:
- Selection of defence advocates.
- Facilities to be provided to legal aid lawyers.
- Fees payable to state-appointed advocates.
- The High Court, with State Government approval, can make rules for:
- State Government’s Power to Extend Legal Aid
- The State Government can extend the provision of free legal aid to other courts beyond Sessions Courts.
Illustrations of Section 341 BNSS
Example 1: Indigent Accused Receiving Free Legal Aid
A homeless man is accused of theft. Since he cannot afford a lawyer, the court appoints a legal aid advocate at the State’s expense.
Example 2: High Court Establishing Rules for Legal Aid
The High Court of a State, with government approval, creates a panel of legal aid advocates who will be randomly assigned to indigent accused persons.
Example 3: State Extending Free Legal Aid to Lower Courts
The State Government issues a notification, applying free legal aid provisions to all Magistrate Courts handling criminal trials.
Common Questions and Answers on Section 341 BNSS
1. Who qualifies for free legal aid under Section 341 BNSS?
- Any accused who does not have sufficient means to hire a lawyer.
2. Is the court obligated to assign an advocate in every case?
- Yes, if the accused cannot afford legal representation, the court must assign a lawyer.
3. How are legal aid advocates selected?
- The High Court decides the selection process, usually from a panel of state-approved lawyers.
4. Can an accused refuse free legal aid?
- Yes, an accused can choose to defend themselves or hire their own lawyer.
5. Can legal aid be extended beyond Sessions Courts?
- Yes, the State Government can extend the provision to lower courts via notification.
Conclusion
Section 341 BNSS plays a crucial role in ensuring fair trials by providing free legal representation to those who cannot afford it. It reflects India’s commitment to equal justice, preventing financial constraints from hindering legal defence.
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