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"39A. Equal justice and free legal aid.- The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities."

27.Section 304 Cr.P.C. is the manifestation of the implementation of the directives aforesaid. Section 304 Cr.P.C makes provision for legal aid to accused at the expense of the State in certain cases:- It reads:

28.In cases triable by Court of Session, where the accused has the financial incapacity to make his defence in trial to be held against him and the court is convinced about that, it shall extend the services of a counsel to him and the expenses shall be met from the State Exchequer in accordance with the rules framed by the High Court of the State concerned with the previous approval of the State Government. The State Government is also conferred with the authority to issue notice directing the extension of the provisions providing the legal aid as contemplated in sub-section (1) & (2) of Section 304 Cr.P.C to any class of trials before other courts in the State in the same manner of its application to trials before the Court of Session.