Legal aid to accused at State expense in certain cases
Section 341 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with legal aid to accused at State expense in certain cases. 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. The Act came into force on 01 Jul 2024.
(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.
Section 341, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 304 Legal aid to accused at State expense in certain cases Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anokhilal v. State of Madhya Pradesh
Decided under Code of Criminal Procedure 304, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgement of Main Case order-20.pdf 2019-12-18. Crl A 62-63/2014. U.U. Lalit reportable. DATE-CHECK flagged 2013 HC/trial dates (false positive); body is the named 18 Dec 2019 legal-aid reportable. Amicus appointed the same day charges were framed; 13 PWs examined in 7 days; death sentence after 12 working days. Fair-trial/legal-aid violation (Bashira, Hussainara, Rajoo, Mohd Hussain). Map crpc 304 only + BNSS 341 successor. Do not pad 302/376/POCSO 6 or CrPC 309/311/313 (313 already filled).
On this section: Successor of CrPC 304 (mapping.csv near-identical, score 0.8552). The effective-legal-aid-in-capital-trials holding carries to BNSS 341.
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BHOOP SINGH vs STATE
Decided under Code of Criminal Procedure 304, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The examination of prosecution witnesses in the absence of defence counsel violates the constitutional right to legal representation guaranteed under Article 22(1) of the Constitution of India and principles of natural justice. It is the constitutional duty of the trial court to ensure that an accused person is represented by counsel during the entire course of trial, particularly during examination of prosecution witnesses. The absence of defence counsel during such examination renders the trial fundamentally unfair and vitiates the conviction, necessitating remand for proper cross-examination of witnesses with legal representation.
On this section: Duty of State to provide legal aid to accused persons; mandatory provision for legal assistance
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Dharam Pal vs Sagar Chand
Decided under Code of Criminal Procedure 304, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Magistrate possesses independent discretion to frame charges based on independent consideration of facts and arguments of parties, and is not bound by a Civil Judge's recommendation for prosecution. The charge framing decision must be based on the Magistrate's own judicial assessment, not merely on the civil court's prima facie view.
On this section: The complaint is made under Section 304 CrPC by civil court on a prima facie view of the matter, but charges are framed after affording due consideration to facts and arguments by parties
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Sahazad vs State of Rajasthan through Pp.
Decided under Code of Criminal Procedure 304, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is offered legal aid and refuses it, stating he will engage his own counsel, and subsequently a counsel appears on his behalf and argues the case, with the accused raising no objection and the counsel's representation being evidenced through documents like transfer applications bearing the counsel's signature, the requirement of Section 304 CrPC is satisfied, and the charge framing order cannot be deemed illegal on the ground of denial of legal representation. The formal filing of Vakalatnama is not essential to establish counsel representation in criminal proceedings.
On this section: Provision requiring assignment of pleader to accused who has no counsel; central issue in the revision petition
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 341
What have the courts held on Section 341 of the Bharatiya Nagarik Suraksha Sanhita?
Anokhilal v. State of Madhya Pradesh (18 Dec 2019) is the leading judgment on this section among those set out below, though it was decided under CRPC 304, which this section replaced -- the court never mentioned this Act: Successor of CrPC 304 (mapping.csv near-identical, score 0.8552). The effective-legal-aid-in-capital-trials holding carries to BNSS 341. Another 3 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2003 to 2019.
How do I find court cases under Section 341 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 341, section 341 BNSS, section 341 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 341 4 in hindi and bns 341 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 4 reported judgments on this section are set out on this page, beginning with Anokhilal v. State of Madhya Pradesh (18 Dec 2019).
What should I read with Section 341 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 304 (Legal aid to accused at State expense in certain cases), so the judgments decided under that provision are the case law on this one.
When did Section 341 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 341 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 341, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.