Legal aid to accused at State expense in certain cases
AI Assist
Summary
If an accused in a trial or appeal has no advocate and cannot afford one, the Court will appoint an advocate to defend them at the expense of the State. The High Court may, with State Government approval, make rules on selecting these advocates, facilities, and fees. The State Government can extend these provisions to other classes of trials by notification.
Example
Priya faces trial in a Sessions Court and appears without a lawyer and no money to hire one. The Court finds she cannot afford counsel and assigns a State-paid advocate to defend her at public expense.
Bare Act
Enacted text(1) Where, in a trial or appeal before a Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has not sufficient means to engage an advocate, the Court shall assign an advocate 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-
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(a) the mode of selecting advocates for defence under sub-section (1);
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(b) the facilities to be allowed to such advocates by the Courts;
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(c) the fees payable to such advocates 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.
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