What are the Rights of person against whom proceedings instituted to be defended? What is Legal aid to accused at State expense in certain cases? Section 303 and 304 of Code of Criminal Procedure 1973

Right of person against whom proceedings instituted to be defended Legal aid to accused at State expense in certain cases  are defined under Section 303 and 304  of CRPC 1973. Provisions under these sections are:

 

Section 303 of CRPC "Right of person against whom proceedings instituted to be defended"

Any person accused of offence before a Criminal Court or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice.

 

 

 

Section 304 of CRPC "Legal aid to accused at State expense in certain cases"

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State

(2) The High Court may, with the previous approval of the State Government, make rules providing for,--

(a) the mode of selecting pleaders for defence under sub-section (1) ;

(b) the facilities to be allowed to such pleaders by the Courts;

(c) the fees payable to such pleaders by the Government and generally, for carrying out the purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified in the notification the provisions of sub-sections (1) and (2) shall apply it relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session.

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