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A Critical Analysis Of The Right Of An Accused Person To Consult A Legal Practitioner

Jei Shrinivas Sridhar, Symbiosis Law School Hyderabad


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


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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