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 advocates, providing necessary facilities, and determining the fees payable to these advocates.
• The state-appointed advocate assists Priya in her appeal, ensuring her right to legal representation is upheld.

Example 3:

Scenario: The State Government of Maharashtra decides to extend the provisions of Section 341 to all Magistrate Courts in the state for cases involving serious offenses.

Application of Section 341:

• The State Government issues a notification specifying that from a certain date, the provisions of Section 341(1) and (2) will apply to trials in Magistrate Courts.
• This means that any accused person in a Magistrate Court in Maharashtra who cannot afford an advocate will be provided one at the State's expense.
• The High Court of Maharashtra, with the State Government's approval, creates rules for selecting advocates, providing facilities, and determining fees for these advocates in Magistrate Courts.
• As a result, individuals facing serious charges in Magistrate Courts across Maharashtra will have access to legal representation, ensuring fair trials.

Example 4:

Scenario: An NGO working for prisoners' rights discovers that many undertrial prisoners in a district jail are not represented by advocates due to their inability to afford legal fees.

Application of Section 341:

• The NGO brings this issue to the attention of the District Court.
• The District Court, upon verifying the financial status of these undertrial prisoners, finds that they do not have sufficient means to engage advocates.
• Invoking Section 341(1), the District Court assigns state-appointed advocates to represent these undertrial prisoners at the State's expense.
• The High Court, with the State Government's approval, has already established rules under Section 341(2) for the selection and remuneration of these advocates.
• The undertrial prisoners now have legal representation, which helps in ensuring their right to a fair trial and potentially expedites their cases.