Khatri v State of Bihar
(1981) 1 SCC 62719801 min read
The case in brief30-second read
- Facts
- Prisoners blinded by the police in Bhagalpur, Bihar, petitioned the Supreme Court. It emerged that they had not been given legal representation when produced before Magistrates.
- Issue
- At what stage the State's duty to provide free legal aid to an indigent accused arises.
- Held
- The constitutional duty to provide free legal aid to an indigent accused arises not only at trial but when he is first produced before a Magistrate and at every remand. Magistrates and Sessions Judges must inform an unrepresented accused that he is entitled to free legal services at State expense.
- Principle
- Free legal aid is part of Article 21 from the first production before a Magistrate.
Facts
- Prisoners blinded by the police in Bhagalpur, Bihar, petitioned the Supreme Court. It emerged that they had not been given legal representation when produced before Magistrates.
Issue
- At what stage the State's duty to provide free legal aid to an indigent accused arises.
Held
- The constitutional duty to provide free legal aid to an indigent accused arises not only at trial but when he is first produced before a Magistrate and at every remand. Magistrates and Sessions Judges must inform an unrepresented accused that he is entitled to free legal services at State expense.
Cite this
Citation
Khatri v State of Bihar (1981) 1 SCC 627Reported: https://indiankanoon.org/doc/1122133/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.