Section 341 BNSS: Legal aid to accused at State expense in certain cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 341 BNSS at a Glance
Section 341 BNSS deals with legal aid to accused at State expense in certain cases. It replaced Section 304 CrPC on 1 July 2024.
Section 341 BNSS Bare Act Text
(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.
Source: Section 341, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 341 BNSS in Simple Words
Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with legal aid to accused at State expense in certain cases.
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.
Under Section 341(2) BNSS, the High Court may, with the previous approval of the State Government, make rules, and under Section 341(3) BNSS the State Government may, by notification, direct that Section 341(1) BNSS and Section 341(2) BNSS shall apply in relation to any class of trials before other Courts in the State.
When Section 341 BNSS Applies
- 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.
- 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.
- 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.
Example of Section 341 BNSS
When Section 341 BNSS Does Not Apply
- Section 341(1) BNSS speaks of a trial or appeal before a Court. It does not deal with a proceeding that is neither a trial nor an appeal.
- Section 341(1) BNSS speaks of the assignment of an advocate for the defence of the accused. It does not deal with the right of a person to be defended by an advocate of his choice, which Section 340 BNSS covers under the heading Right of person against whom proceedings are instituted to be defended.
Section 341 BNSS in the CrPC (Previous Law)
Section 341 BNSS replaced Section 304 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 341 BNSS
When does the Court assign an advocate at the expense of the State under Section 341 BNSS?▼
Under Section 341(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
What rules may the High Court make under Section 341 BNSS?▼
Under Section 341(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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, and generally, for carrying out the purposes of Section 341(1) BNSS.
Can Section 341 BNSS apply to trials before other Courts?▼
Under Section 341(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
What changed from Section 304 CrPC to Section 341 BNSS from 1 July 2024?▼
From 1 July 2024, Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 304 of the Code of Criminal Procedure, 1973. The heading is the same. 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 reads advocate where Section 304(1) CrPC read pleader, and Section 341(2)(a) BNSS, Section 341(2)(b) BNSS and Section 341(2)(c) BNSS read advocates where Section 304(2)(a) CrPC, Section 304(2)(b) CrPC and Section 304(2)(c) CrPC read pleaders. Section 341(3) BNSS is in the same words as Section 304(3) CrPC.
Section 341 BNSS: Sub-sections Explained
Section 341(1) BNSS: Legal aid to accused at State expense in certain cases
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Bare Act Text
(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.
Section 341(2) BNSS: Legal aid to accused at State expense in certain cases
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Bare Act Text
(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).
Section 341(3) BNSS: Legal aid to accused at State expense in certain cases
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·