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Head Note

Constitution of India, 1950  - Article 39

Legal Services Authorities Act, 1987 - Sections 12 and 13 - Free Legal aid - An eligible person is entitled to legal services at any stage of the proceedings which he or she is prosecuting or defending (Trial as well as Appeal) - In view of the constitutional mandate of Article 39-A, legal services or legal aid is provided to an eligible person free of cost - Further held - An obligation is cast on the Court to enquire of the accused or convict whether he or she requires legal representation at State expense. 1980(1) SCC 98, relied.

Indian Penal Code,1860  - Section 302

Legal Services Authorities Act, 1987, Sections 12 and 13 - Constitution of India, 1950 - Article 39-A - Free legal aid - Murder trial - Accused convicted and sentenced to life imprisonment - High Court upheld the conviction in appeal - Accused not provided free legal assistance - High Court was under an obligation to enquire from accused whether he required legal assistance and if he did, it should have been provided to him at State expense - Conviction set aside and case remitted to High Court fresh trial.

Topic(s)-Free Legal Aid

Important Decision(s)- An eligible person is entitled to legal services at any stage of the proceedings which he or she is prosecuting or defending (Trial as well as Appeal).