Jei Shrinivas Sridhar, Symbiosis Law School Hyderabad
ABSTRACT
Access to justice and a fair trial is fundamental and must be secured and granted to all persons accused of a criminal offence. Part of the right to a fair trial is the right to have access and to be represented by a lawyer of one's choosing. This is because the burden lies on the accused in the course of the trial to prove that they were not guilty of the offence charged with. While doing so, the accused is forced to navigate the complexities of the legal system, which they often do not have adequate knowledge of. Hence it becomes essential for access and consultation for the accused by a legal practitioner to aid in the legal processes.
In India, the right to consult a legal practitioner by the accused is provided via Article 22 of the Constitution as a Fundamental Right. It is seen as a cornerstone for securing justice. The judiciary has also provided interpretations of the right in question and where it may be availed. Given the position of law and the judiciary on this issue, this paper shall critically analyze the accused persons' rights to consult a legal practitioner. It shall examine how courts have interpreted the right in question.
Keywords: Fair Trial, Legal Aid, Justice, Access To Legal Practitioner, Self-Incrimination
