Legal aid to accused at State expense in certain cases
Section 304 of the Code of Criminal Procedure, 1973 deals with legal aid to accused at State expense in certain cases. 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
Section 304, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 341 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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
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: Legal-aid counsel appointed the same day charges are framed and rushed through a capital trial in days is not effective s.304 aid (Anokhilal).
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Sahazad vs State of Rajasthan through Pp.
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
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BHOOP SINGH vs STATE
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
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
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 304
What have the courts held on Section 304 of the Code of Criminal Procedure?
Anokhilal v. State of Madhya Pradesh (18 Dec 2019) is the leading judgment on this section among those set out below: Legal-aid counsel appointed the same day charges are framed and rushed through a capital trial in days is not effective s.304 aid (Anokhilal). 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 304 of the Code of Criminal Procedure?
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: CRPC 304, section 304 CRPC, section 304 of the Code of Criminal Procedure. 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 304 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 341 (Legal aid to accused at State expense in certain cases), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 304 of the Code of Criminal Procedure come into force?
Section 304 of the Code of Criminal Procedure, cited as CRPC 304, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.