Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 341: Legal aid to accused at State expense in certain cases
(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.
Brefe Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for legal aid to accused individuals who cannot afford an advocate. It mandates that the Court assign an advocate at the State's expense when the accused is unrepresented. Additionally, it allows the High Court to establish rules regarding the selection and compensation of these advocates.
Question & Answers
Q1: When does the Court assign an advocate to the accused?
A1: The Court assigns an advocate when the accused is not represented and does not have sufficient means to engage one.
Q2: Who bears the cost of the advocate assigned to the accused?
A2: The expense of the advocate is borne by the State.
Q3: What can the High Court do regarding the selection of advocates?
A3: The High Court may make rules for selecting advocates, the facilities allowed to them, and the fees payable by the Government.
Q4: Can the provisions of this section apply to other Courts?
A4: Yes, the State Government may notify that these provisions apply to any class of trials in other Courts as well.
Example
- Example 1: In a theft trial, the accused cannot afford an advocate. The Court assigns one at the State's expense.
- Example 2: The High Court establishes rules for selecting advocates for cases where the accused requires legal aid.
Summary
Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ensures that accused individuals who cannot afford legal representation receive assistance at the State's expense. It outlines the responsibilities of the Court and allows for the establishment of rules governing the provision of legal aid in various trials.
