360. Appointment of Advocate for undefended accused at Government Costs.
- An advocate shall be appointed at the cost of the State by the Deputy Registrar [in consultation with a Judge nominated by the Honourable the Chief Justice] [Inserted vide High Court Notification No.C.2002/93, dated 25.03.2014.] for an accused who is not represented by any advocate in the following cases:-(1)Confirmation cases.(2)Appeals against acquittal.(3)Proceedings involving a sentence of death.(4)References under section 385 of the Criminal Procedure Code, 1973, Appeals and revision applications for enhancement of sentence.(5)Appeals from Jail where a notice for enhancement of sentence has been issued.(6)Appeals from Jail where notice has been 'ordered to issue by the Court.(7)Applications from Jail where a notice for enhancement of sentence has been issued.(8)Applications by the State or other proceedings for enhancement of sentence:Provided that in proceeding not involving a sentence of death, no advocate shall be appointed at the cost of the State to defend the accused when he is not in jail unless the District Magistrate concerned reports that the accused is not financially in a position to engage an advocate at his own cost or fails to make any report before the proceeding is notified for hearing.Explanation. - The appointment of an advocate, whether by the appellant or applicant himself or by the Deputy Registrar under this rule, to represent the appellant or applicant in any appeal or application for revision against an order of conviction and sentence passed against him, shall be deemed to extend to references, notices or applications for enhancement of such sentence, referred to in items 4,5,7 and 8 of this sub-rule and no separate appointment of an advocate to represent the appellant or applicant in such reference, notices or application shall be necessary.(ii)The appointment of an advocate under sub-rule (i) above shall be made in good time to enable him to be ready for conducting the case, and as far as possible, on Wednesday preceding the week for which the case is notified for hearing. Even if the accused afterwards appoints an advocate of his own choice, the advocate appointed by the Deputy Registrar shall be allowed his fees for the case. In such a case, the paper book supplied to the advocate appointed by the Deputy Registrar shall be made available to the advocate appointed by the accused, but not without payment of charges prescribed under Rule 353 (iii) above.
