Practicing Success
Practicing Success
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| If a man was charged with an offence punishable with death, the court could provide him with a counsel upon his request. This was interpreted by the Supreme Court by classifying it as a privilege rather than the duty of the magistrate in: |
Hussain Ara Khatoon v. State
Vishakha v. State of Rajasthan
D.K. Basu v. State of West Bengal
Tara Singh v. State |
| Tara Singh v. State |
| Section 340(1) of the Code of Criminal Procedure, 1898, provided that if a man was charged with an offence punishable with death, the court could provide him with a counsel upon his request. This was subjected to a twisted interpretation by the Supreme Court by classifying it as a privilege rather than the duty of the magistrate in Tara Singh v. State (1951 AIR 441). However, India in the Code of Criminal Procedure, 1973, facilitated statutory implementation of free legal aid subsequently. Section 304(1) provides that: In a trial before the sessions judge, if the accused has not sufficient means to engage a pleader, the court should assign a pleader for his defense at the expense of the State. |
