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Legal Aid to Indigent Person

(Querist) 26 January 2009 This query is : Resolved 
Whether a Senior advocate is bound to provide legal aid to an indigent person u/s 304 of Cr.P.C.

Can he refuse to accept the case on the ground that he is offered low fees according to his skills & experience.

If he refuse to accept such case then is it violative of Article 21, 22(1)(c) & 39A.

Can he take the defence that the state is preventing him from practising his profession under Article 19(1)(g).
J K Agrawal (Expert) 26 January 2009
Dear Mr Akshay

Generally offer is invited from advocates who wish to provide legal services to indigent persons every year and a panel of lawyer is made. So there is no such problem stated by you.

However forcible engagement of a lawyer is not possible and contrary to A 21 22(1)c of the constitution.
Adv.Shine Thomas (Expert) 28 January 2009
The above view is correct.
B.B.R.Goud. (Expert) 23 February 2009
i do agree with learned friends
Ashey (Expert) 01 April 2009
i go with Mr. Agarwal
ritu bhadana (Expert) 02 April 2009
mr. agarwal is absolutely right


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