Section 304 CrPC: Legal Aid for Accused at State Expense – Explained

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Section 304 CrPC: Legal Aid for Accused at State Expense

This section deals with the provision of legal aid to accused persons at the state’s expense.

1. Code

Section 304 CrPC

2. Explanation

This section mandates that the state provide legal aid to accused persons in certain circumstances, ensuring they have access to legal representation, regardless of their financial status. The provision aims to ensure a fair trial and uphold the principles of justice.

The section outlines the following:

  • Eligibility: The legal aid is available to accused persons who are unable to afford legal representation. The court will assess their financial status and determine their eligibility.
  • Types of Cases: Legal aid is provided in various cases, including those involving serious offenses like murder, rape, and other grave crimes.
  • Appointment of Counsel: The court will appoint a lawyer to represent the accused person. The appointed lawyer must be competent and experienced in handling criminal cases.
  • State’s Responsibility: The state is responsible for bearing the expenses of the legal representation, including the lawyer’s fees and other associated costs.

3. Illustration

Imagine a person is accused of a serious crime but cannot afford to hire a lawyer. Under Section 304, the court will assess their financial situation and, if deemed eligible, appoint a lawyer to represent them. The state will bear the expenses of this legal representation, ensuring the accused has a fair chance at a fair trial.

4. Common Questions and Answers

Q1: Who is eligible for legal aid under Section 304?

A: Persons who are unable to afford legal representation are eligible for legal aid under this section. The court will assess their financial status to determine eligibility.

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Q2: In which cases is legal aid provided?

A: Legal aid is available in various cases, including serious offenses like murder, rape, and other grave crimes.

Q3: How is a lawyer appointed for an accused person?

A: The court appoints a lawyer for the accused person. The appointed lawyer must be competent and experienced in handling criminal cases.

Q4: Who pays for the legal representation?

A: The state is responsible for bearing the expenses of the legal representation, including the lawyer’s fees and other associated costs.

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