Question

Why did the court provide a defence lawyer to a accused?

Answer 1

Dear Student,

a. Fair trial is an important aspect of rule of law giving a fair chance and opportunity to person to defend himself.
b. It ensures that person is protected from arbitrary exercise of power. It also ensures that Judgement is to be based on the evidences collected and not according to whims and fancies of a judge.
c. Fair trial ensures that due court process is followed.
d. Every accused has a right to defend himself as per the Constitution of India. Article 22 guarantees fundamental rights of an arrested person which provides for him to be informed reason of his arrest, to be produced before the magistrate within 24 hours , to have a lawyer of his choice to defend himself.
e. The accused as per the constitution has a right to defend himself and have a fair trial. The defense lawyer presents the case of the accused. And that every accused must be held innocent until proven guilty.
f. Article 39A of the Constitution places a duty upon the State to provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.​ It si as per the constitution, and that a person who acnnot engage a lawyer cannot be denied.
g. It is thus the responsibility of the state to provide lawyer.


Regards