Professional ethicsLegal aidSupreme Court of India

Suk Das v Union Territory of Arunachal Pradesh

(1986) 2 SCC 401; AIR 1986 SC 991; 1986 SCR (1) 59019861 min read
The case in brief30-second read
Facts
The appellant and five others were charged under IPC S.506 read with S.34 for threatening a CPWD Assistant Engineer. Being too poor to engage a lawyer, he was unrepresented and could not cross-examine some witnesses. He was convicted and sentenced to two years' simple imprisonment.
Issue
Whether a trial in which an indigent accused was not offered legal aid is vitiated, even though he did not ask for it.
Held
Free legal assistance at State cost is a fundamental right of an accused facing jeopardy to life or personal liberty, implicit in Art. 21 (following Hussainara Khatoon and M.H. Hoskot).
Principle
Free legal aid at State cost is a fundamental right of an accused facing jeopardy to life or liberty; it does not depend on the accused applying for it.
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Facts

  • The appellant and five others were charged under IPC S.506 read with S.34 for threatening a CPWD Assistant Engineer.
  • Being too poor to engage a lawyer, he was unrepresented and could not cross-examine some witnesses. He was convicted and sentenced to two years' simple imprisonment.

Issue

  1. Whether a trial in which an indigent accused was not offered legal aid is vitiated, even though he did not ask for it.

Held

  • Free legal assistance at State cost is a fundamental right of an accused facing jeopardy to life or personal liberty, implicit in Art. 21 (following Hussainara Khatoon and M.H. Hoskot).
  • The right cannot be denied because the accused did not apply; the court must tell him of it.
  • The conviction was set aside, and the dismissal from service based on it was quashed.

Ratio decidendi

The State and the court must inform an indigent accused of the right to free legal aid; a trial without it is unfair under Art. 21.

Exam use

How to use it in an answer

  • Part A (6 marks): Cite for: legal aid does not depend on a request by the accused.
  • Part B (16 marks): Use with Hussainara Khatoon IV and Anokhilal in answers on legal aid and the advocate's duty under Rule 46.
  • Key line for exam: "Free legal assistance at State cost is a fundamental right of a person accused of an offence which may involve jeopardy to his life or personal liberty."

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Citation

Suk Das v Union Territory of Arunachal Pradesh (1986) 2 SCC 401; AIR 1986 SC 991; 1986 SCR (1) 590

Reported: https://indiankanoon.org/doc/765136/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.