(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.
Bharatiya Nagarik Suraksha Sanhita
Section 341
Legal aid to accused at State expense in certain cases
⚡ Quick Answer Reference: Section 341 BNSS
- Provision: Section 341 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section says that if someone is accused of a crime and can't afford a lawyer, the court must provide a lawyer for them at the state's expense. The state government can make rules about how this works, like how to choose the lawyer and what the lawyer will get paid.
What does Section 341 of BNSS say?
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What does Section 341 of BNSS mean?
Plain English Explanation
This section says that if someone is accused of a crime and can't afford a lawyer, the court must provide a lawyer for them at the state's expense. The state government can make rules about how this works, like how to choose the lawyer and what the lawyer will get paid.
Practical Interpretation
In real practice, this section means that if a defendant appears in court without a lawyer and the court thinks they can't afford one, the court will assign a lawyer to represent them. The court will pay the lawyer's fees, and the state government can make rules about how this process works.
Core Legal Purpose
The core purpose of this section is to ensure that people who are accused of crimes but can't afford a lawyer have access to legal representation, which is essential for a fair trial.
- •The accused is not represented by an advocate in a trial or appeal.
- •The court thinks the accused does not have sufficient means to engage an advocate.
- •The court must assign an advocate for the accused's defence at the expense of the state.
- •The state government can make rules about how this process works, including how to select advocates, what facilities to provide to them, and what fees to pay them.
Practical Example of Section 341 BNSS
Rajesh, a poor farmer, is accused of a minor crime in a rural court. He cannot afford a lawyer and appears in court without one. The judge thinks Rajesh cannot afford a lawyer and assigns a local advocate to represent him. The state government has made rules that the advocate will be paid a certain fee for their services, and the court will provide them with necessary facilities to prepare Rajesh's case.
Frequently Asked Questions about Section 341 BNSS
Q: What is the punishment or consequence under Section 341 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are accused of crimes and cannot afford a lawyer.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification.
Common Questions about Section 341 BNSS
What is Section 341 of BNSS?
Section 341 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Legal aid to accused at State expense in certain cases". In plain terms: This section says that if someone is accused of a crime and can't afford a lawyer, the court must provide a lawyer for them at the state's expense. The state government can make rules about how this works, like how to choose the lawyer and what the lawyer will get paid.
What is the punishment under Section 341 of BNSS?
Section 341 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 341 of BNSS bailable or non-bailable?
Whether Section 341 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 341 of BNSS?
The essential elements of Section 341 of BNSS are: The accused is not represented by an advocate in a trial or appeal.; The court thinks the accused does not have sufficient means to engage an advocate.; The court must assign an advocate for the accused's defence at the expense of the state..
Landmark Judgments under Section 341 BNSS
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Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 341
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