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

Code of Criminal Procedure, 1973

Section 304 CrPC at a Glance

Section 304 CrPC deals with legal aid to accused at State expense in certain cases. From 1 July 2024 it is replaced by Section 341 BNSS.

Now BNSS

Section 341 →

What Section 304 CrPC Says

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.

Source: Section 304, Code of Criminal Procedure, 1973

Section 304 CrPC in Simple Words

Section 304 of the Code of Criminal Procedure, 1973 deals with legal aid to accused at State expense in certain cases.

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.

Under Section 304(2) CrPC, the High Court may, with the previous approval of the State Government, make rules, and under Section 304(3) CrPC the State Government may, by notification, direct that Section 304(1) CrPC and Section 304(2) CrPC shall apply in relation to any class of trials before other Courts in the State.

When Section 304 CrPC Applies

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.
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.
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.

Example of Section 304 CrPC

Ramesh is the accused in a trial before the Court of Session and is not represented by a pleader. It appears to the Court that Ramesh has not sufficient means to engage a pleader. Under Section 304(1) CrPC, the Court shall assign a pleader for the defence of Ramesh at the expense of the State. 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 such pleaders.

When Section 304 CrPC Does Not Apply

Section 304(1) CrPC speaks of a trial before the Court of Session. It does not deal with a trial before other Courts, to which Section 304(3) CrPC refers separately.
Section 304(1) CrPC speaks of the assignment of a pleader for the defence of the accused. It does not deal with the right of a person to be defended by a pleader of his choice, which Section 303 CrPC covers under the heading Right of person against whom proceedings are instituted to be defended.

Section 304 CrPC Under BNSS 341: What Changed

Section 304 CrPC is now covered under Section 341 BNSS.

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.

View detailed comparison (CrPC 304 vs BNSS 341) →

FAQs on Section 304 CrPC

When does the Court assign a pleader at the expense of the State under Section 304 CrPC?▼

Under Section 304(1) of the Code of Criminal Procedure, 1973, 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.

What rules may the High Court make under Section 304 CrPC?▼

Under Section 304(2) of the Code of Criminal Procedure, 1973, 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, and generally, for carrying out the purposes of Section 304(1) CrPC.

Can Section 304 CrPC apply to trials before other Courts?▼

Under Section 304(3) of the Code of Criminal Procedure, 1973, the State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of 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.

Where is Section 304 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 304(1) CrPC is found in Section 341(1) BNSS, Section 304(2)(a) CrPC in Section 341(2)(a) BNSS, Section 304(2)(b) CrPC in Section 341(2)(b) BNSS, Section 304(2)(c) CrPC in Section 341(2)(c) BNSS and Section 304(3) CrPC in Section 341(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·