RIGHT OF AN ACCUSED TO BE DEFENDED

March 7, 2020

The Karnataka High Court observed that it is unethical and illegal for lawyers to pass resolutions against representing accused in court.

Constitutional provisions about the right of an accused to be defended:

  • Article 22(1) gives the fundamental right to every person not to be denied the right to be defended by a legal practitioner of his or her choice.

  • Article 14 provides for equality before the law and equal protection of the laws within the territory of India.

  • Article 39A, part of the Directive Principles of state policy, states that equal opportunity to secure justice must not be denied to any citizen by reason of economic or other disabilities, and provides for free legal aid.