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

The Code of Criminal Procedure, 1973Central Act · 1973

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024

(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.

Where this provision sits

ActThe Code of Criminal Procedure, 1973
Section304
Marginal noteLegal aid to accused at State expense in certain cases
JurisdictionCentral
StatusRepealed
Judgments citing it9

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