Kerala High Court has framed Rules under sub- section 2 of
Section 304 of the Cr.P.C. as Legal Aid to Accused Rules ... framed Section 304 of the Cr.P.C. In
obedience to the mandate of sub- section 2 of Section 304 , the
High Court has framed
Session by filing any application invoking sub-section (1) of Section 304 of the Code of Criminal Procedure. It is argued by the learned Additional ... they had engaged in terms of sub-section (1) of Section 304 of the Code of Criminal Procedure nor invoking the inherent power of this
Court before whom he is tried under
Section 304 of Code of Criminal Procedure for assignment of a pleader for his
defence at the expense ... learned Magistrate, though
has filed a petition under Section 304 of Code of Criminal Procedure, would be
entitled to engage a lawyer of his choice
right of hearing due consideration has to be given to Section 304 , Cr.P.C., Articles 21 and 39-A of the Constitution. Section
accused persons under
Article 22(1) of the Constitution. Section 304 CrPC
provides for legal assistance to the accused on State
19
expenditure ... Apart from the statutory provisions
contained in Article 22(1) and Section 304 CrPC, in
Hussainara Khatoon (4) case (supra), this Court
framing of charge under Section 228 CrPC or while
considering the discharge petition filed under Section 227, it is not for
the Magistrate ... into force only on the commencement of trial as
provided under Section 304 CrPC.
xxx xxx xxx
471. The resounding words
India.
Sub-Section (1) of Section 304 reads thus:
Criminal Appeal No. 771 of 2024 Page 27 of 37
“304. Legal aid to accused ... short, ‘BNSS’) are the Sections which
correspond to Sections 303 and 304 of the CrPC. Thus,
under Section 304 of the CrPC
before the learned Additional Sessions Judge under Sub-section (1) Section 304 of the CrPC, 1973 to provide him with free legal ... Amendment Act, 1976 , and the enactment of Sub-section (1) of Section 304 of the CrPC. It was in this case that
Shrishail S/O. Madivalappa Ganiger vs The State Of Karnataka on 16 March, 2026
Author
Sorathiya Hareshbhai Rameshbhai vs State Of Gujarat on 22 August, 2025
NEUTRAL CITATION
R/SCR
