Legal Aid to accused at State's expense in certain cases is available under which one of the following Sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,?

Correct option is A

The correct option is (a) Section 341.

Explanation:

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provision for providing legal aid to an accused at the state's expense is found in Section 341. This section corresponds to Section 304 of the old Code of Criminal Procedure (CrPC), 1973.

• Mandatory Legal Aid: Section 341(1) states that if an accused is not represented by an advocate in a trial or appeal, and it appears to the Court that the accused has insufficient means to engage one, the Court shall assign an advocate for their defense at the expense of the State.
• Sessions Court & Beyond: While this primarily applies to trials before a Court of Session, Section 341(3) allows the State Government to extend these provisions to any other class of trials (such as those before Magistrate Courts) via notification.
• Constitutional Mandate: This section gives practical effect to Article 39A of the Constitution of India, which mandates the State to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Information Booster:

Section 341 is a cornerstone of a fair trial in India. Key features include:

• Rule-Making Power: Under Section 341(2), the High Court, with the previous approval of the State Government, has the power to make rules regarding the mode of selecting advocates, the facilities provided to them, and the fees payable by the government.
• Trial and Appeal: The right to state-funded legal aid is not just for the initial trial but also extends to the appellate stage.
• Judicial Duty: The Supreme Court has held in multiple cases (like Khatri v. State of Bihar) that the Magistrate or Judge is under a legal obligation to inform the accused of their right to free legal aid.

Additional Knowledge