Kerala High Court Upholds Right to Legal Aid, Ensures Fair Trial for Indigent Accused

Court Quashes Lower Court Order, Reaffirms Mandatory Legal Aid Provision under Cr.P.C. and Constitution

In a significant ruling, the Kerala High Court, presided over by Justice V.G. Arun, has reinforced the importance of providing legal aid to accused individuals who are unable to afford legal representation. The judgment, delivered on October 9, 2025, pertains to the case of Down Victor v. State of Kerala, where the petitioner, Down Victor, faced trial without proper legal assistance due to financial constraints.

The case, listed as CRL.MC No. 8016 of 2025, arose from the petitioner’s inability to engage a new counsel after his previous lawyer withdrew. During the trial at the Assistant Sessions Court, Thrissur, Victor was compelled to conduct his own defense, leading to procedural deficiencies. The trial court dismissed his application to recall witnesses for further cross-examination, prompting Victor to approach the High Court for relief.

Justice Arun emphasized the trial court's obligation under Section 304(1) of the Criminal Procedure Code, 1973, and Article 39A of the Constitution of India, which mandate the provision of legal aid to those who cannot afford it. The court cited precedents, including the Supreme Court's decisions in Hussainara Khatoon (IV) v. Home Secretary, State of Bihar, and Khatri v. State of Bihar, highlighting the State's constitutional duty to ensure a fair trial by providing legal representation to indigent accused.

The court observed that the trial court failed to inform Victor of his right to legal aid, compromising his right to a fair trial as guaranteed under Article 21 of the Constitution. By quashing the lower court’s order and allowing the recall of witnesses, the High Court ensured that Victor’s defense could be adequately conducted with legal counsel, thus upholding the principles of justice and fair trial.

Bottom Line:

Right to fair trial - Court's duty to inform an accused about the right to legal aid under Section 304 Cr.P.C and Article 39A of the Constitution of India if the accused lacks sufficient means to engage a counsel of choice.

Statutory provision(s): Section 304(1) of the Criminal Procedure Code, 1973, Article 39A of the Constitution of India, Article 21 of the Constitution of India.

Down Victor v. State of Kerala, (Kerala) : Law Finder Doc Id # 2814150