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

Code of Criminal Procedure, 1973

Statutory text

(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.

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