Section 341 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 341 of BNSS, 2023 — Summary
Purpose:
This section ensures that any accused person who cannot afford a lawyer will be provided legal aid at the expense of the State. It is designed to guarantee the right to a fair trial and access to justice, especially for economically weaker sections.
Key Points:
State-Funded Legal Aid:
If an accused person does not have sufficient funds to hire a lawyer, the court must appoint a lawyer for them at the cost of the State. This legal aid ensures that the accused gets proper legal representation in criminal proceedings.
Rules by High Courts:
The High Courts, with the prior permission of the State Government, can frame rules related to:
How lawyers will be selected for appointment,
The facilities that courts must provide to appointed lawyers, and
The fees or remuneration paid to lawyers by the State.
Applicability to Different Courts:
The State Government may notify that the provisions of this section apply not only to Sessions Courts but also to other courts or tribunals for specific types of cases.
Example:
Criminal Trial:
Suppose Ramu is accused of theft but cannot afford a lawyer. The Sessions Court, after verifying his financial condition, appoints a State-paid lawyer to defend him, ensuring his right to a fair trial.
Appeal:
Priyanka is appealing her conviction for fraud in a High Court but cannot afford legal representation. The High Court appoints a lawyer at the State’s expense to represent her in the appeal.
Conclusion:
Section 341 of BNSS, 2023, protects the right of accused persons to have legal representation regardless of their financial status. It is aligned with the principles of justice and equality, ensuring fair trial rights and access to justice for all.
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