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61. The legislature was cognizant of the importance of the right of legal aid for prisoners who for various reasons are unable to engage a lawyer and the need to provide for a mode of implementation of the right. Section 304 Cr.P.C. vests the right of legal aid in a prisoner and casts a duty upon the Courts to secure the said right. The right to free legal aid, the responsibility of the courts and the Government as stated in Section 304 of Cr.P.C. is extracted below:

"304. Legal aid to accused at State expense in certain cases.-(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.

62. The legislative intent is clear from a plain reading of the provision and the word "shall" which prefaces the duty of the court to assign a pleader.

63. The provision shall be interpreted in light of the settled canons of statutory interpretation. The word 'shall' employed in the statute depicts the legislative intent of giving the provision mandatory force [See: State of Haryana Vs. Raghubir Dayal40, and  Ram Dhani And Another Vs. State of U.P.41]  

64. In view of the phraseology or words employed by the legislature in Section 304 Cr.P.C. and the holdings of Constitutional Courts discussed earlier, this court finds that the provision is mandatory in character and defines the imperative obligations of the trial courts. Under Section 304 Cr.P.C., the duty of the trial courts is to grant of legal aid to needy/eligible prisoners (appearing before them) commences from the pre trial stage. In light of the constitutional law backdrop and the authorities in point discussed earlier "Court of Session" in Section 304 Cr.P.C. shall mean all trial courts and magistrates.

66. The provision is analogous/pari materia with Section 304 Cr.P.C. insofar as it relates to the duties of the courts to engage an advocate for an accused in need of legal aid. The duties of the courts flowing from Section 304 Cr.P.C. as interpreted in this judgement shall also apply to the duties of the courts contemplated in Section 341 of BNSS, 2023.

67. The right to legal aid exists whenever the applicant is produced before the magistrate or trial court and not only at the start of the trial.

V. The State Government through Law Remembrancer (L.R.)/Principal Secretary (Law), Government of Uttar Pradesh Lucknow, Additional Chief Secretary (Home), Government of Uttar Pradesh Lucknow, Director General of Police, Director General (Prosecution) and Director General (Prisons), Government of Uttar Pradesh, Lucknow take any other action to facilitate the implementation under Rule 412 of the Jail Manual, 2022 by Jail Superintendent in light of this judgement.
Suggestions to facilitate the realization of fundamental rights of prisoners and implementation of the legislative mandate of LSA Act, 1987 and Section 304 Cr.P.C., Rule 37 of General Rules (Criminal) as determined in this judgement I. The implementation of this judgment as well as Anil Gaur (supra) has to be made by the respective magistrates, trial courts, and DLSAs and the Jail Superintendent/competent jail authority of the district, and Secretary HCLSC. However systemic support from the High Court, State Government will facilitate the realization of fundamental rights of prisoners and faithful implementation of the legislative mandate of Section 304 Cr.P.C., LSA Act, 1987, Rule 37 of General Rules (Criminal) and Regulation 439 (a) of the Jail Manual/ Rule 412(a) of UP Jail Manual, 2022 read with Rule 434 of Jail Manual, 2022 by the concerned courts and authorities respectively.