Topic

legal aid counsel

2 articlesLatest April 2026
Section 311 CrPC | Statutory Right to Cross-Examine Victims Survives Legal Aid Counsel's Inaction : Madurai HC
Case Law Analysis
|Madras High Court

Section 311 CrPC | Statutory Right to Cross-Examine Victims Survives Legal Aid Counsel's Inaction : Madurai HC

Madurai Bench of Madras High Court rules that administrative circulars cannot override an accused's statutory right under Section 311 CrPC to cross-examine witnesses, even when legal aid counsel fails to act. The judgment reinforces fair trial guarantees and mandates trial courts to permit recall of witnesses for cross-examination upon accused's request.

Article 21 | Right to Legal Aid Mandates De Novo Trial in Death Penalty Case for Fair Trial Violation : Bombay HC
Case Law Analysis
|Bombay High Court

Article 21 | Right to Legal Aid Mandates De Novo Trial in Death Penalty Case for Fair Trial Violation : Bombay HC

Bombay High Court sets aside a death sentence after finding gross violations of the accused's right to legal aid under Article 21, emphasizing that fair trial guarantees are non-negotiable in capital punishment cases. The ruling mandates a fresh trial, reinforcing that procedural lapses cannot compromise constitutional rights, especially where liberty or life is at stake.