Legal Aid Provision under Crpc
(a) A member of a scheduled caste or scheduled tribe. (b) Victims of trafficking or beggars within the meaning of article 23 of the Constitution. (c) A woman or a child. (d) a person with a mental illness or other disability. This article is a tool for interpreting article 2 Legal aid is the provision of assistance to persons who otherwise cannot afford legal representation and access to the judicial system. Legal aid is considered essential to ensure access to justice by guaranteeing equality before the law, the right of access to a lawyer and the right to a fair trial. 3 In 2014, the Supreme Court ruled in Ashok Debarrama v. The State of Tripura again applied the Strickland test, albeit with respect to commutation of the accused`s death sentence to life imprisonment. This goes against the previous application of the test, which was to assess the disability of the study. However, in 2019, the Supreme Court again changed its approach to interpretation in Anokhilal v. The State MP, applying the Mohd Hussein injury test, found that in the present case the amicus curiae had not had sufficient time to prepare, which constituted a denial of the right to legal aid because it could not be described as “real and significant”. 4.
Legal Services Committee of the Supreme Court: established under section 3A of the LSA Act to carry out the tasks delegated by the Central Authority. 6. Taluk Legal Services Committee: It was established under section 11A of the LSA Act and its jurisdiction extends to a taluk/mandal or group of taluk/mandals. 11 In addition, the Code of Criminal Procedure expressly provided that, where an accused person is not represented by a manager or does not have the means to appoint a lawyer, the Court is required to provide legal assistance to that accused person by appointing an accused to defend him at the expense of the State. In the context of the further development of the arguments, it is also argued, on the basis of the provisions of articles 303 and 304 of the Code of Criminal Procedure, that the court cannot compel a defendant to seek his defence through a lawyer he has not chosen. 6 Under Article 304(1) of the Code of Criminal Procedure, where the accused person is not represented by an accused person and does not have sufficient resources to take that action, the court is to appoint a defendant at the expense of the State. In Matloob v. (1997), it was held that this did not depend on a defendant`s application for legal aid, but that it was also the duty of the court to inform that defendant of his right to free legal aid. Otherwise, the competent judge would be responsible for departmental proceedings, as in Kasab v. State of Maharashtra (2012).
The right to be defended by a lawyer, which derives from article 22 (1) of the Constitution, has been further strengthened by the introduction of the Directive on Principles of State Policy, enshrined in section 39A of the Constitution, the 42nd Amendment Act 1976 and the enactment of section 304 (1) of the Code of Criminal Procedure.