Section 5 in Rules Regarding Assistance to Government Servants in Criminal Cases Instituted by or Against Them, (1951)
5. Engagement of Counsel
- When the defence of a Government servant is sanctioned by Government, the services of the Public Prosecutor may be engaged if this is considered desirable, Where the services of the Public Prosecutor are not engaged, a private legal practitioner may be engaged. The fee payable to the Public Prosecutor or private legal practitioner for the whole case shall be such amount, not exceeding Rs. 1001- as the District Magistrate may fix according to the importance of the case. If it is proposed to fix the fee at a figure higher than Rs. 100/- sanction of the Government shall be obtained. The said fee and incidental charges, such as court fee and diet money of witness, shall be borne by Government. In petty cases, the appearance of the Government servant himself should ordinarily suffice.
