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Code of Criminal Procedure, 1973

Section 304

Legal aid to accused at State expense in certain cases

Quick Answer Reference: Section 304 CrPC

  • Provision: Section 304 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 304 of CrPC say?

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. The High Court may, with the previous approval of the State Government make rule providing for; the mode of selecting pleaders for defence under Sub-Section (1); the facilities to be allowed to such pleaders by the Courts; the fee payable to such pleaders by the Government, and generally, for carrying out the purposes of Sub-Section (1). 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.

Indian StandardSection 304, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 304 (India)
Court Pleading StandardSection 304 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/304

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 304 CrPC

What is Section 304 of CrPC?

Section 304 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Legal aid to accused at State expense in certain cases". The section states: 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 ...

What is the punishment under Section 304 of CrPC?

Section 304 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 304 of CrPC bailable or non-bailable?

Whether Section 304 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 304 CrPC

Patnahcucisdb94 High Court (10 8)

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)