indicated in Section 154 (3) of the Code of
Criminal Procedure, 1973 (in short the ' Cr.P.C .'). Admittedly,
that has not been ... means to engage a lawyer
and therefore the mandate of Section 304 Cr.P.C. has been
clearly violated. In any event, the ingredients
Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi on 11 January, 2012
accused persons under Article 22(1) of the Constitution.
Section 304 CrPC provides for legal assistance to the accused on State
expenditure ... Apart from the statutory provisions contained in Article
22(1) and Section 304 CrPC, in Hussainara Khatoon case (supra), this Court
has held
Vinod Dua vs Union Of India on 3 June, 2021
Equivalent citations: AIR 2021 SUPREME
fundamental principles of judicial procedure on account of
breach of mandatory provisions of Section 304 CrPC.
After carefully going through the entire records ... court to
provide him with a lawyer under Section 304 of the Criminal
Procedure Code or under any other legal aid scheme and the 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
converted into one under
Section 304 IPC. They deliberately did not do so and filed a petition
under Section 482 Cr.P.C. in order ... under Section 304 IPC and also subsequently
when charge had been framed against them under Section 302 read
with Section 34 IPC. The accused
Constitution of India, but also in Section 304 of
30
the Code of Criminal Procedure . Free and fair trial is sine qua non of Article ... poor and weaker sections of the society and ensures justice
for all. Section 304 of Cr.P.C. further provides that where in a trial
