Bharatiya Nagarik Suraksha Sanhita, 2023
Section 341
Legal aid to accused at State expense in certain cases
(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.
Why this exists
This provision gives practical effect to the constitutional right to a fair trial and to legal aid for the poor, recognising that a trial without a defence lawyer is often unfair. It builds on the idea, developed strongly by Indian courts since the 1970s-80s, that access to justice cannot depend on a person's ability to pay.
How courts read it
Indian courts, including the Supreme Court, have repeatedly held that free legal aid is part of the right to a fair trial and personal liberty, and that failure to provide a lawyer to an indigent accused can vitiate a trial. This section is the statutory machinery that implements that constitutional guarantee at the trial court level.
Common misconceptions
- Myth: Free legal aid lawyers are automatically worse than paid lawyers.
Fact: Legal aid lawyers are regular advocates enrolled and paid under rules made by the High Court; their quality depends on the individual, not on who pays the fee.