Section 341 of BNSS : Section 341: Legal aid to accused at State expense in certain cases.

Explanation using Example

Example 1:

Scenario: Ramesh, a daily wage laborer, is accused of theft and is brought to trial in a Sessions Court. Ramesh does not have the financial means to hire a lawyer.

Application of Section 341:

• During the trial, the judge notices that Ramesh is not represented by an advocate.
• The judge inquires about Ramesh's financial situation and finds that he cannot afford to hire a lawyer.
• Under Section 341(1) of The Bharatiya Nagarik Suraksha Sanhita 2023, the judge assigns a state-appointed advocate to defend Ramesh at the expense of the State.
• The advocate represents Ramesh throughout the trial, ensuring that he receives a fair defense.

Example 2:

Scenario: Priya, a single mother with limited income, is accused of fraud and is appealing her conviction in the High Court. She cannot afford legal representation for her appeal.

Application of Section 341:

• Priya files an appeal in the High Court but does not have an advocate to represent her.
• The High Court reviews her financial status and determines that she lacks sufficient means to engage an advocate.
• Following Section 341(1), the High Court assigns an advocate to represent Priya at the State's expense.
• The High Court, with the approval of the State Government, has established rules under Section 341(2) for selecting advoca...

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