Code of Criminal Procedure, 1973 · Chapter XXIV: General Provisions As to Inquiries and Trials
Section 304: Legal aid to accused at State expense in certain cases
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
If an accused in a Sessions trial has no pleader and lacks the means to engage one, the court must assign a pleader for their defence at the State's expense. The High Court can make rules on selection, facilities and fees, and the State Government can extend this to trials in other courts.
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 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.
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 (Legislative Department), the text of the Act as it stood before its repeal. 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 304
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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…
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Sunita Devi v. The State of Bihar & Anr.
Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due…
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Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
- Ramanand @ Nandlal Bharti v. State of Uttar Pradesh
- Mohd. Firoz v. State of Madhya Pradesh
- Anokhilal v. State of Madhya Pradesh
- Ashok Debbarma @ Achak Debbarma v. State of Tripura
- Mohd. Hussain @ Julfikar Ali v. The State (Govt. of Nct) Delhi
- Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra
- Mohd. Hussain @ Julfikar Ali v. The State (Govt. of Nct) Delhi
- C. Venkatachalam v. Ajitkumar C. Shah and Others
- Pawan v. State of Uttaranchal
- Dilawar Singh v. State of Delhi
- Ranjan Dwivedi v. Union of India
- Madray Hayawadanrao Hoskot v. State of Maharashtra
- Harishankar Rastogi v. Girdhari Sharma and Anr.