Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXVI: General Provisions As to Inquiries and Trials
Section 341: Legal aid to accused at State expense in certain cases
In plain words
If an accused in a trial or appeal has no advocate and cannot afford one, the court must assign an advocate to defend them at the State's expense.
- The High Court, with State approval, makes rules on selecting these advocates, their facilities and fees.
- The State can extend this to trials in other courts besides Courts of Session.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 341
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Ashok v. State of Uttar Pradesh
Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public…