Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 341
Code: BNSS Section 341
Explanation: This section of the BNSS ensures the right to legal representation for accused persons who cannot afford an advocate. It mandates that the court must assign an advocate to defend the accused at the expense of the state if the accused appears to lack the means to hire one.
Key Provisions
- Sub-section (1): If an accused person in a trial or appeal is not represented by a lawyer and appears unable to afford one, the court is obligated to assign an advocate for their defense. The costs of this defense will be borne by the state.
- Sub-section (2): The High Court, with the State Government’s approval, can create rules for:
- (a) Selecting advocates for defense as per sub-section (1).
- (b) Providing facilities for these assigned advocates.
- (c) Determining the fees the government will pay to these advocates.
- Sub-section (3): The State Government has the power to extend the application of sub-sections (1) and (2) to other courts within the state, for certain classes of trials, through a notification.
Illustration
Imagine a person accused of theft who cannot afford a lawyer. The court, after assessing their financial situation, will assign a lawyer to represent them at the state’s expense. This ensures a fair trial, as the accused has access to legal expertise even if they cannot afford it.
Common Questions and Answers
- Q: Does this apply to all trials?
A: This applies to all trials and appeals before the court. The State Government can also extend it to other courts through notification.
- Q: How are the assigned lawyers selected?
A: The High Court, with the State Government’s approval, can establish rules to determine the selection process for these assigned advocates.
- Q: Who pays the lawyer’s fees?
A: The state bears the expense of the assigned lawyer’s fees.
- Q: What if the accused has some funds, but not enough for a lawyer?
A: The court would assess the accused’s financial situation. If they cannot afford a lawyer, even partially, the court will likely assign one at the state’s expense.
