Section 304 of CrPC : Section 304: Legal aid to accused at State expense in certain cases.

Explanation using Example

Example 1:

Ravi, a daily wage laborer in a small village in Maharashtra, is accused of theft and is to be tried in the Court of Session. Ravi does not have the financial means to hire a lawyer for his defense. The court, recognizing Ravi's financial situation, assigns a state-appointed lawyer to represent him at no cost to Ravi. This ensures that Ravi receives a fair trial despite his inability to afford legal representation.

Example 2:

Meena, a housewife from a low-income family in Tamil Nadu, is charged with a serious crime and is to be tried in the Court of Session. Meena's family cannot afford to hire a lawyer. The court, upon realizing this, appoints a government lawyer to defend Meena. The High Court, with the approval of the State Government, has established rules for selecting such lawyers, ensuring they are competent and provided with necessary facilities. The government also pays the lawyer's fees, ensuring Meena has access to proper legal representation.

Example 3:

In Uttar Pradesh, the State Government issues a notification stating that from the 1st of January, the provisions for state-funded legal aid will also apply to trials in Magistrate Courts, not just Courts of Session. This means that individuals like Arjun, who is accused of a minor offense and cannot afford a lawyer, will also receive legal representation at the state's expense, ensuring fair trials across different levels of the judiciary.

Example 4:

Sita, a widow with no source of income, is accused of a crime and is to be tried in the Court of Session in Karnataka. The court finds that Sita cannot afford a lawyer. Following the rules set by the High Court and approved by the State Government, a competent lawyer is selected to represent Sita. The lawyer is provided with necessary facilities by the court and is paid by the government, ensuring Sita's right to a fair trial is upheld.

Example 5:

In West Bengal, the High Court, with the State Government's approval, has made rules that include a roster system for selecting lawyers to represent indigent accused persons. When Anil, a rickshaw puller, is accused of a crime and cannot afford a lawyer, the court assigns a lawyer from this roster. The lawyer is given access to all necessary case documents and facilities to prepare a robust defense for Anil, with the government covering the legal fees.