Code: Section 341 BNSS
341. (1)
If an accused cannot afford legal representation in a trial or appeal, the Court must appoint an advocate at the expense of the State.
(2) High Court’s Rule-Making Authority:
The High Court, with the State Government’s approval, may frame rules regarding:
- Selection of legal aid advocates for indigent accused.
- Facilities to be provided to such advocates in court.
- Government-paid fees for legal aid advocates.
- Other provisions necessary to implement sub-section (1).
(3) Extension of Legal Aid to Other Courts:
- The State Government may, via notification, extend the free legal aid provisions to certain classes of trials in lower courts.
Purpose and Importance of Section 341 BNSS
This section upholds the constitutional right to legal aid under Article 39A of the Indian Constitution, ensuring fair trials for indigent accused persons.
- Ensures access to justice for those unable to afford an advocate.
- Prevents wrongful convictions due to lack of legal representation.
- Empowers the High Court to regulate the legal aid framework effectively.
- Allows State Governments to extend legal aid to Magistrate courts and other lower courts.
Key Provisions and Legal Interpretations
1. Right to Free Legal Aid
- If an accused cannot afford an advocate, the court must assign one.
- Legal aid is mandatory in serious offences requiring fair trial protections.
2. Role of the High Court
- The High Court can frame rules for:
- Selection of lawyers for legal aid.
- Courtroom facilities provided to legal aid lawyers.
- Fees payable by the government for legal aid cases.
3. Power of State Government to Extend Legal Aid
- The State Government may extend legal aid provisions to:
- Magistrate courts for specific offence categories.
- Other lower courts handling criminal trials.
Illustrations & Case Examples
Example 1: Indigent Accused in a Murder Trial
- A person accused of murder cannot afford a lawyer.
- The Sessions Court appoints a State-paid advocate for their defence.
- The accused receives fair representation, ensuring due process.
Example 2: High Court Issues Legal Aid Guidelines
- The High Court of Maharashtra, with State Government approval, creates rules on:
- How legal aid lawyers will be chosen.
- Fee structure for legal aid lawyers.
- Facilities provided to them in court.
Example 3: Extension of Legal Aid to Magistrate Courts
- The State Government notifies that legal aid will be provided in Magistrate courts for trials involving offenses punishable with imprisonment exceeding three years.
Common Questions on Section 341 BNSS
1. Who qualifies for free legal aid?
Anyone unable to afford legal representation, as determined by the court.
2. Is legal aid available for all cases?
Legal aid is generally provided for serious offences but can be extended to other cases by the State Government.
3. Can an accused refuse a legal aid lawyer?
Yes, but the court must ensure that the accused understands the consequences of self-representation.
4. Who pays the legal aid lawyer?
The State Government pays the fees of appointed legal aid lawyers.
5. Can a legal aid lawyer be replaced?
Yes, if the accused shows valid reasons, such as incompetence or conflict of interest.
Conclusion
Section 341 BNSS ensures free legal representation for indigent accused persons, reinforcing constitutional rights and fair trial principles. By allowing High Courts and State Governments to regulate legal aid, this provision creates a structured and accessible justice system for all.
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