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Union of India - Section

Section 304 in The Code of Criminal Procedure, 1973

304. 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 it 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 in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session.