Legal aid to accused at State expense in certain cases
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Summary
If an accused in a trial before the Court of Session has no pleader and cannot afford one, the court must assign a pleader for the defence at State expense. The High Court may, with the State Government's approval, make rules on selecting those pleaders, the facilities they get from courts, and the fees payable. The State Government can notify that these provisions apply to other classes of trials too.
Example
Ravi is tried in the Court of Session and has no pleader and cannot afford one. The court assigns a pleader at State expense to defend him, and the pleader is paid the fee fixed under High Court rules.
Bare Act
Enacted text(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 rule providing for:
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(a) the mode of selecting pleaders for defence under Sub-Section (1);
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(b) the facilities to be allowed to such pleaders by the Courts;
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(c) the fee 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 the Courts of Session.
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