Kush Khandelwal, Student, Symbiosis Law School Hyderabad
ABSTRACT
This paper will lay down multi-dimensional analysis on the topic in hand. The duties and rights of the defense counsel would be the constant theme of this paper. The researcher has adopted the systematic method of division of chapters to ensure equal emphasis on multiple aspects involved in this paper. Theses chapter will deconstruct the rights and duties of the defense counsel (Chapter II), lay down the Indian standing on the topic in hand. And lastly, the researcher proposes the reforms (Chapter – III). This paper shall establish the meaning of the term defense counsel and would lay down the various legal aspects governing this topic. Further the researcher would ensure and equal emphasis on duties and right with an ethical and professional point of view.
Article 21 & Article 22 of the Indian Constitution are expanded upon to deconstruct the constitutional assistance to the rights and duties of defense counsels. Further sections 303 and 313 of The Code of Criminal Procedure have also been emphasised about. The researcher also breaks down the various stages of a criminal proceeding and further lays down the various stages where the defense counsel extends their duty towards. To ensure the multi-dimensional aspect of this paper, the researcher also emphasises on the USA and UK approach to the rights and duties of defense counsels.
The primary objective of the paper in hand is to propose the reforms towards the rights and duties of defense counsels. The researcher to ensure the proposal of a set of justified reforms, ensures that all of the proposed reforms have been verified with the help of three major determinants; understanding of the subject in hand, comparison of Indian rights and duties with that of USA and UK, and lastly through the professional feedback on the reforms with the help of google forms.
Keywords: Rights, Duties, Reforms, USA, UK.
