Legal Aid to Indigent Person
akshay
(Querist) 26 January 2009
This query is : Resolved
Whether a Senior advocate is bound to provide legal aid to an indigent person u/s 304 of Cr.P.C.
Can he refuse to accept the case on the ground that he is offered low fees according to his skills & experience.
If he refuse to accept such case then is it violative of Article 21, 22(1)(c) & 39A.
Can he take the defence that the state is preventing him from practising his profession under Article 19(1)(g).
J K Agrawal
(Expert) 26 January 2009
Dear Mr Akshay
Generally offer is invited from advocates who wish to provide legal services to indigent persons every year and a panel of lawyer is made. So there is no such problem stated by you.
However forcible engagement of a lawyer is not possible and contrary to A 21 22(1)c of the constitution.
B.B.R.Goud.
(Expert) 23 February 2009
i do agree with learned friends
Ashey
(Expert) 01 April 2009
i go with Mr. Agarwal
ritu bhadana
(Expert) 02 April 2009
mr. agarwal is absolutely right
