Case Name : Anokhilal vs State of Madhya Pradesh
Case Reference: (2019) 18 SCR 1196 :
Neutral Citation:
Case Number: Crl A Nos 62-63/2014
Court: Supreme Court
Bench: 03
Coram: Uday Umesh Lalit, Indu Malhotra, Krishna Murari
Date: 18.12.2019
Magistrate must provide legal representation even if the accused person do not ask for it; they must be informed of their entitlement to legal representation at State cost - Section 303 CrPC Absence of legal representation is a violation of the accused’s fundamental right and trial can be vitiated and the conviction and sentence set aside
Trial under wrong procedure (as summons case instead of warrants case) is bad in law, and an accused being prejudiced, the conviction and sentence can be set aside. However, trial would be held de novo
Principles of legal aid (Para 13 - Page 1231)
Norms for amicus curiae for accused in criminal cases (Para 22 - Page 1234) 1. Where there is a possibility of life sentence or death sentence, counsel must have minimum of 10 years of practice at the Bar 2. In matters dealt by the High Court on confirmation of death sentence, senior advocates must be considered first 3. When counsel is appointed as amicus, some reasonable time, minimum of seven days time, must be given. 4. The amicus must be allowed to have meetings with the accused
– Refer also: Rajoo vs State of Madhya Pradesh, (2012) 8 SCC 553 - summarising precedents on legal aid Khatri (2) vs State of Bihar, (1981) 1 SCC 627 Suk Das vs Union Territory of Arunachal Pradesh, (1986) 2 SCC 401 - conviction and sentence set aside, legal representation not provided Gopi Chand vs Delhi Admn, AIR 1959 SC 609 : 1959 Crl LJ 782 - wrong procedure Abdul Rehman Antulay vs RS Nayak, (1992) 1 SCC 225 - speedy trial VK Sasikala vs State, (2012) 9 SCC 771 - speedy trial does not mean fairness is disregarded and procedure ignored. Imtiyaz Ramzan Khan vs State of Maharashtra, (2018) 9 SCC 160 - counsel meeting with accused
See also: Constitution - Article 21 CrPC, Section 227 CrPC, Section 228 CrPC - Section 303 CrPC - Section 311 CrPC - Section 386 CrPC - Section 391
PDF: Anokhilal vs State of Madhya Pradesh, (2019) 18 SCR 1196.pdf