Search Results Page
Search Results
1 - 9 of 9 (0.29 seconds)Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 468 in The Indian Penal Code, 1860 [Entire Act]
Section 311 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 391 in The Code of Criminal Procedure, 1973 [Entire Act]
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
2. From the perusal of the impugned Order it is clear that the learned A.S.J. committed grave error and illegality in dismissing the application. It is unfortunate that the learned Appellate Judge instead of correcting the illegality committed by the Trial Judge is not informing the petitioner of his legal right of being provided legal aid at State cost fell in error and committed further illegality in dismissing the application. It must be remembered that every accused has a fundamental right under Article 21 of Constitution of India to obtain lawyer at the State cost in Criminal Trial, if he is not in a position to engage a lawyer. Their Lordships of the Supreme Court in case of Hussainara Khatoon v. State of Bihar (AIR 1979 SC 1369), held :
The Code of Criminal Procedure, 1973
Suk Das & Anr vs Union Territory Of Arunachal Pradesh on 10 March, 1986
3. Their Lordships of the Supreme Court in case of Suk Das v. Union Territory of Arunachal Pradesh (AIR 1986 SC 991) considered the situation where the accused did not pray the Trial Judge to provide him an advocate at State cost and observed :
Khatri & Ors. Etc vs State Of Bihar & Ors on 10 March, 1981
..... It would in these circumstances make a mockery of legal aid if it were to be left to a poor, ignorant and illiterate accused to ask for free legal service. Legal aid would become merely a paper promise and it would fail of its purpose. This is the reason why in Khatri v. State of Bihar, (1981) 2 SCR 408: (AIR 1981 SC 928), we ruled that the Magistrate or the Sessions Judge before whom an accused appears must be held to be under an obligation to inform the accused that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the State.
1