37. [ When counsel should be engaged for accused. [Substituted by Notification No. 1255/VII-Nyaya-2-2018-91G-2018, dated 14.8.2018 (w.e.f. 3.11.1956).]
- In any case which comes before a Court of Session, the Court may engage counsel to defend the accused person if -(a)at charge against him is in respect of an offence punishable with death, imprisonment for life or imprisonment exceeding 10 years;(b)it appears that he has not engaged counsel and is not possessed of for sufficient means to do so.To enable the Sessions Court to arrive at a decision as regards the second condition in the preceding paragraph, the committing magistrate, shall in such case make enquiries from the accused at the time of commitment and after making such other enquiries as may be necessary, report within a month of the commitment order to the court to which the commitment is made whether the accused is possessed of sufficient means to engage counsel. Each case must be decided on its merits and no hard and fast rule as to insufficiency of means should be applied. The Sessions Court in making its decision shall not be bound by the report of the committing magistrate.Counsel appointed under this rule shall be furnished with the necessary papers free of cost and allowed sufficient time to prepare for the defence.]
