1A. In any case which comes before a Court of Session, the Court may engage counsel to defend the accused person if-
(a)the charge against him is such that a capital sentence is possible, and(b)it appears that he has not engaged counsel and is not possessed of 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 cases make enquiries and report to the Court to which the commitment is made whether the accused has means to appoint counsel, and, if not, whether he is, in the opinion of the Magistrate, possessed of sufficient means to do so. Each case must be decided on its merits 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.
