CrPC 304→BNSS 341

CrPC 304 to BNSS 341: Legal aid to accused at State expense in certain cases

Section 304 CrPC (1973) replaced by Section 341 BNSS (2023)

View CrPC Section 304 →View BNSS Section 341 →

CrPC 304 to BNSS 341 at a Glance

Section 304 CrPC (Legal aid to accused at State expense in certain cases) is now Section 341 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 304 to BNSS 341?

From 1 July 2024, Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 304 of the Code of Criminal Procedure, 1973, with the same heading. Section 341(1) BNSS reads in a trial or appeal before a Court where Section 304(1) CrPC read in a trial before the Court of Session. Section 341(1) BNSS and Section 341(2) BNSS read advocate and advocates where Section 304(1) CrPC and Section 304(2) CrPC read pleader and pleaders. Section 341(3) BNSS is in the same words as Section 304(3) CrPC.

CrPC 304 vs BNSS 341: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section304341
HeadingLegal aid to accused at State expense in certain casesSame
Sub-sections3 sub-sectionsSame

CrPC 304 and BNSS 341: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 304, CrPC 1973

304. Legal aid to accused at State expense in certain cases.—(1) 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. (2) The High Court may, with the previous approval of the State Government, make rules providing for— (a) the mode of selecting pleaders for defence under sub-section (1); (b) the facilities to be allowed to such pleaders by the Courts; (c) the fees payable to such pleaders 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.
BNSS 2023 (in force)

Section 341, BNSS 2023

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.

When It Applies: CrPC 304 vs BNSS 341

Under CrPC 304
  1. Under Section 304(1) CrPC, 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.
  2. Under Section 304(2) CrPC, the High Court may, with the previous approval of the State Government, make rules providing for the mode of selecting pleaders for defence under Section 304(1) CrPC, the facilities to be allowed to such pleaders by the Courts, and the fees payable to such pleaders by the Government.
  3. Under Section 304(3) CrPC, the State Government may, by notification, direct that, as from such date as may be specified in the notification, Section 304(1) CrPC and Section 304(2) CrPC 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.
Under BNSS 341
  1. Under Section 341(1) BNSS, 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. Under Section 341(2) BNSS, the High Court may, with the previous approval of the State Government, make rules providing for the mode of selecting advocates for defence under Section 341(1) BNSS, the facilities to be allowed to such advocates by the Courts, and the fees payable to such advocates by the Government.
  3. Under Section 341(3) BNSS, the State Government may, by notification, direct that, as from such date as may be specified in the notification, Section 341(1) BNSS and Section 341(2) BNSS 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.

What CrPC 304 to BNSS 341 Means in Practice

From 1 July 2024, the provision on legal aid to accused at State expense is Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 304 of the Code of Criminal Procedure, 1973. Section 341(1) BNSS refers to a trial or appeal before a Court, where Section 304(1) CrPC referred to a trial before the Court of Session.

FAQs: CrPC 304 to BNSS 341

Where is each sub-section of Section 304 CrPC found in Section 341 BNSS?▼

Section 304(1) CrPC is found in Section 341(1) BNSS, Section 304(2) CrPC in Section 341(2) BNSS and Section 304(3) CrPC in Section 341(3) BNSS, from 1 July 2024.

Which words of Section 304(1) CrPC differ in Section 341(1) BNSS?▼

Section 341(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads in a trial or appeal before a Court where Section 304(1) of the Code of Criminal Procedure, 1973 read in a trial before the Court of Session. Section 341(1) BNSS also reads advocate where Section 304(1) CrPC read pleader.

Is Section 341(3) BNSS in the same words as Section 304(3) CrPC?▼

Yes. Section 341(3) BNSS is in the same words as Section 304(3) CrPC: the State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of Section 341(1) BNSS and Section 341(2) BNSS 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.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·