Law

Access to Justice
Statutory Provisions for Access to Justice to the Poor
Component - I (A) - Personal Details

Role Name Affiliation

Principal Investigator
Principal Co-Investigator
Paper Coordinator
Content Writer/Author
Content Reviewer
Prof(Dr) Ranbir Singh Vice-Chancellor
National Law University
Delhi
Prof(Dr) G S Bajpai Registrar
National Law University
Delhi
Dr. Bharti Yadav Assistant Professor
National Law University,
Delhi
Dr.B.S. Patil Assistant Professor
V.M.Salgaocar College of
Law, Panaji, Goa
Prof B B Pande Visiting Professor
National Law University
Delhi

Component - I (B) Description of Module

Description of Module
Subject Name Law
Paper Name Access to Justice
Module Name/Title Statutory Provisions for Access to Justice to the Poor
Pre-requisites Understanding of concept of Legal Aid and Access to
justice
Objectives To understand various statutory provisions providing
legal aid to the poor
Keywords Legal Aid, Indigent Person, Pauper suits, Access to
justice
 Structure

1. Introduction
2. Learning Outcomes
3. Constitution and access to justice for poor
4. Speedy process as a justice to poor
5. Access to Justice by Poor and Civil Procedure
a. Indigent Person
b. ADRS as Means to Access to Justice for Poor
c. Suit against State
d. Compromise Decree
6. CrPC and Access to Justice of Poor
a. Setting Criminal Procedure in Motion as an Access to Justice
b. CrPC and Victims of Crime
7. Access to Justice and Role of Advocates
a. Legal Practitioners (Regulations and Maintenance of Standards in
Professions, Protecting the Interest of Clients and Promoting the Rule of
Law) Act, 2010
8. Summary

‘If I am asked which is the most important provision of the Indian Constitution,
without which the Constitution would not survive I would point to none other
than article 32 which is the soul of the Indian Constitution.”
Dr. Babasaheb Ambedkar
(Constituent Assembly Debate)

1. Introduction

The formal justice system in India follows a ‘common law system’. The Judiciary plays a
major role in interpreting and implementing the legislations. The foundation of the system lies
in doctrine of precedent, where the judgment of higher courts binds its own subsequent judges
as well as subordinate Courts.
The vibrant justice delivery system ensures proper enforcement of rights. The procedure
should cater to the needs of the all kinds of remedy seekers. It also should provide meaning to
the maxim ‘Ubi Jus Ibi Remedium’ (where there is a right, there is a remedy). Therefore,
economic hindrance or economic disability should not be a cause for refusal to entertain the
case. This module helps us in understanding the procedural law in view of needs of poor.
The justice delivery system in India is built on two procedural pillars, Civil Procedure Code
and Criminal Procedure Code. The main objective of these pillars is to ensure justice at all
cost. The legislature understood the difficulty of providing justice with standard procedure
under different situations. Therefore the code creates exceptions against its own law by
providing inherent power to all courts i. This is a special power enjoyed by the Courts to
ensure justice. The Court can usurp extra power to ensure justice; it can venture into grey
areas, lacunas or ambiguities of law and interpret in favour of its rights.

2. Learning Outcomes

After reading this module, the reader shall be able to:

 1. Understand the importance of protection of rights.
2. Learn various statutory provisions ensuring legal aid to the poor.
3. Appreciate the need to provide free legal aid to the poor.
4. Realize the professional obligations of lawyers in promoting legal aid to the poor.

3. Constitution and access to justice for poor

Justice is the foundation and object of any civilized society. The quest for justice has been an
ideal which mankind has been aspiring for generations down the line and Justice is also the
mandate under Indian Constitutionii. The Constitution of India has, in its Preamble, declared
that one of the objects would be, “to secure to all the citizens of India, Justice-social,
economic and political.” The Constitution also mandates the State to secure a legal system
that promotes justice and ensure that the same is not denied to any citizen by reason of
economic or other disabilitiesiii.
All have equal rights, but unfortunately, enforcement of the rights has to be through courts
and Courts are not equal to all, as they are resource based, i.e. a person with better resource
(money) can perform better with best utilisation of available service. In addition, the judicial
procedure is very complex, costly and tardy, putting the poor persons at a detachment. In such
case, there is a failure on the part of the State in performing the most important duties of a
welfare state of providing judicial and non-judicial dispute-resolution mechanisms to which
all citizens have equal access for resolution of their legal disputes and enforcement of their
fundamental and legal rightsiv.
In consideration of above mandate the Constitution provided for safeguards against
fundamental right violations. In the form of right to move directly to the Supreme Court or
High courtsv. The rights conferred are
(1) The right to move the Supreme Court to enforce the rights conferred under Part-III.
(2) The right to move the High Court to enforce the rights conferred under Part-III and
for any other purposes.
(3) The Supreme Court and High Courts shall have the power to issue directions or
orders or writs,

4. Speedy process as a justice to poor

Speedy trial is the essence of both civil and criminal justice system. The speedy justice
becomes more meaningful in case of deprivation of liberty of accused person in the form
rejection of bail. Even though, the United States of America considers speedy trial as one of
the constitutionally guaranteed rightsvi, such a right became a fundamental right under Indian
Constitution only through the judicial interpretations.
The National Commission to Review the Working of Constitution (NCRWC), in its final
report suggested for incorporation of speedy trial as fundamental rights, the suggestion even
includedvii the right of everyone to have dispute resolved by the application of law, to be
decided in fair public hearing before an independent court or impartial tribunal or forum.
Further the right to access to courts shall be deemed to be part of the right to reasonable,
speedy and effective justice.
However, the Indian Judiciary is vocal as to speedy trial, especially in criminal processes.
Justice P.N. Bhagwativiii said ‘It is a crying shame upon our adjudicatory system which keeps
men in jail for years on end without a trial.’
Further the Mr Justice observed ‘... no one shall be allowed to be confined in jail for more
than a reasonable period of time ... we fail to understand why our justice system has become
so dehumanised that lawyers and judges do not feel a sense of revolt at caging people in jail
for years without trial.’
In another case Justice Krishna Iyer ix, remarked, "Our justice system even in grave cases,
suffers from slow motion syndrome which is lethal to 'fair trial'…
In Hussainara Khatoon v. State of Bihar x held that where under trial prisoners have been
languishing in jail for longer than maximum punishment. Their detention becomes totally
unjustified and violates fundamental rights under Article 21.
In the case Katar Singh v. State of Punjabxi it was declared that right to speedy trial is an
essential part of fundamental right to life and liberty. xii.
In the case of Khatri v. State of Biharxiii, the court held that the state is constitutionally bound
to provide legal aid not only at the stage of trial but also when they are first produced before
the magistrate or remanded from time to time.
In addition to those continuous observations, the court took up positive action and compelled
as well as guided the legislature to come up with the suitable legislations to bring justice to
the doorsteps of the weakest sections of the society. Public Interest Litigation is one of such
shining example of contribution of Indian judiciary in protecting the rights of Indian citizens
especially the poorxiv.

5. Access to Justice by Poor and Civil Procedure

The Civil Procedure Code has developed its own concept of poor. It has created provisions
for the protection of right to access to justice of poor.

a. Indigent Person

The Civil Procedure Code provides for justice to poor in the form of indigent person. A
person is exempted from the payment of court fee, if he found to be poor according the
provisions the Code. i.e.

(a) If he is without sufficient means to pay the fee prescribed

by law for the plaint in such suit, or

(b) Where no such fee is prescribed, if he is not

entitled to property worth one thousand rupees
other than the property exempt from attachment in
execution of a decree, and the subject-matter of the
suit.
However, the court takes a serious view on the indigent status. During the pendency of the
proceedings the Court keeps its right to re-examine the status of indigent person. Therefore,
any properties acquired during the proceedings are taken into account during re-examination
of status as indigent personxv.
Similarly, the Code also provides for Appeal by an indigent person, which states that, xvi

Any person entitled to prefer an appeal, who is unable to pay the fee required for
the memorandum of appeal, may present an application accompanied by a
memorandum of appeal, and may be allowed to appeal as an indigent person,
subject, in all matters, including the presentation of such application, to the
provisions relating to suits by indigent person, in so far as those provisions are
applicable.
The object and purpose of Order 33 and Order 44 of the Code of Civil Procedure are to enable
a person, who is ridden by poverty, or not possessed of sufficient means to pay court fee, to
seek justice. Therefore, it prescribes that the access to justice cannot be denied to an
individual merely because he does not have the means to pay the prescribed feexvii.
In another casexviii, the Court analysed the provisions of the Order XXXIII and observed that
Order 33 CPC is an enabling provision which allows filing of a suit by an indigent person
without paying the court fee at the initial stage.
Therefore, if the plaintiff succeeds in the suit, the court would recover the Court Fee amount
through the State from, any party ordered by the decree to pay the same.
On the other hand, if the suit is dismissed, then also the State would take steps to recover the
court fee payable by the plaintiff (indigent person) and this court fee shall be a first charge on
the subject- matter of the suit. Therefore, Order XXXIII is only a provision for the deferred
payment of the court fees and this benevolent provision is intended to help the poor litigants
who are unable to pay the requisite court fee to file a suit because of their poverty. Therefore,
the payment of court fee, as the scheme suggests, is merely deferred. It is not altogether
wiped offxix.

b. ADRS as Means to Access to Justice for Poor

Alternative Dispute resolution systems are means for achieving speedy and amicable dispute
resolution between parties. With the above objectives, the legislatures introduced ADRSxx as
a part of mandatory civil procedure through CPC Amendment Act, 2002. The insertion of Sec
89 brought a sea change in the concept of ADRS.
Sec 89 suggests that where it appears to the court that there exists element of settlement,
which may be acceptable to the parties, the Court shall formulate the terms of the settlement
and give them to the parties for their comments. On receiving the response from the parties,
the Court may formulate the possible settlement and refer it to Arbitration or Conciliation or
Judicial Settlement including settlement through Lok Adalats or Mediation.
It is one of the methods adopted by the CPC to avoid litigation. This process is adopted only
if chance of settlement exists. These attempts by the Court to settle dispute ensures speedy
justice to the needy, more importantly it also ensures justice within their means.

c. Suit against State

The Civil Procedure Code provides for an additional step before filing a case against State. It
states that, no suit shall be instituted against government or public officer unless two months’
notice has been delivered at the government office stating the cause of action, name, etc xxi.
The object behind such notice is to give the government sufficient warning of the case which
is of going to be instituted against it and that the State, if so wished, can settle the claim
without litigation or afford restitution without recourse to a court of lawsxxii. In other words,
the object of the section 80 is to give State the opportunity to consider its legal position and if
that claim, if justified to make amends or settle the claim out of court xxiii.
Therefore, the object of the notice is to avoid unnecessary litigation, settle the lawful and
reasonable claim outside Court and it also provides an opportunity to poor to have an access
to justice against the State.
Further CPC imposes duty on court in a suit against the government or a public officer to
assist in arriving at a settlement xxiv. Therefore, it shall be the duty of the Court to make an
endeavour at first instance, to assist the parties in arriving at a settlement.
So, in addition to the duty of the State to settle the dispute, it is the duty of the Court to
encourage the settlement. Even though, it appears that these provisions are made to support
the State and public officers, indirectly it helps the poor litigant fighting the case against the
mighty State.
d. Compromise Decree

The Court is authorised to pronounce a valid decree on any lawful agreement or compromise
between the parties during the pendency of the suit by which claim is satisfied or adjustedxxv.
This scheme encourages the parties to continue to negotiate and make an attempt to settle the
dispute in spite of pendency of suit. This provision encourages the parties to settle the dispute
consequently cutting down the cost of litigation substantially.

6. Criminal Procedure Code and Access to Justice of Poor

The impact of the Criminal Justice System on poor is entirely different. The accused is denied
of his personal liberty and delay in proceedings affects the family stability. In addition, the
impact can also be felt on psychology of the accused. Under these circumstances, access to
justice for poor becomes more relevant.
In the similar line, poor as a victim of crime will face different set of problems. His complaint
may not be entertained, bail of the influential accused may be granted, leading to
intimidation. Therefore, access to justice to everyone is very important right under criminal
law. The impact of criminal proceedings on accused is discussed belowxxvi.
1. Prison violence – it is the most common problem faced in the prisons. Prisons are often
dangerous places group violence is endemic and riots are common. Meek and first time
offenders are tortured and made to do all the menial tasks. Failure to comply sees them
sleeping in front of smelly and overflowing toilets in the night.
2. Criminalizing effect of a prison – With hardened criminals being around and in the
absence of scientific classification methods contamination of first time, circumstantial and
young offenders into full-fledged criminals occurs very frequently.
3. Homosexual abuse – As the prisons lodge people of same sex and being away from their
natural partners make them to look for an alternative ways to satisfy their sexual urge. This
often finds vent in homosexual abuses where the young and feeble are targeted. Resistance
from the side of prisoners leads to aggravated violence on them. At times, prisoners are
subjected to massive homosexual gang-rapes. Apart from severe physical injuries it may lead
to spreading sexually transmitted diseases including HIV/ AIDS.
4. Health problems – Most of the prisons face problems of overcrowding and shortage of
adequate space. Most of the prisoners found in prisons come from socio-economically
disadvantaged sections of the society where diseases, malnutrition and absence of medical
services are prevalent. When such people are cramped in with each other in unhealthy
conditions, infectious and communicable diseases spread easily.
5. Mentally ill prisoners – Though miniscule, mentally ill prisoners constitute another
percentage of population, which is largely ignored and forgotten by both the outside world
and those inside. But given the nature of the illness and prevailing social attitudes, they form
the most hapless victims of human rights violations. Even for a normal person, prolonged
incarceration might lead to a mental breakdown,
6. Effect on the families of prisoners – Those imprisoned will not be able to look after their
families; in turn it will affect the family in many ways. Sometimes they are forced into
destitution with children going astray, this problem will be combined with the social
stigmatization and ostracization. The combined effect will propel the children towards
delinquency and exploitation.
Keeping above consequences in mind the Criminal Code insists to take every possible
measure to dispose of the case within 6 months. No adjournments to be granted until and
unless circumstances are beyond the control of judiciaryxxvii. It is also mentioned that, it is the
responsibility of the judiciary to keep a check on under trial prisoners and bring them to trial.
a. Setting Criminal Procedure in Motion as an Access to Justice

Crime is a wrong against the person as well as society. The State has to work towards
eradication of crime or at least it should provide for speedy justice. The access to justice gets
a new meaning under criminal law, as setting the criminal law into motion itself is form of
access to justice. The victim of a crime sets the criminal justice mechanism in motion by
giving information to the police which is expected to b e reduced into writing xxviii. Such
victim providing information will be adorning the role of an informant and as an informant;
he is entitled to a copy of the FIR free of cost xxix. However, sometimes the police officer
neglect to act upon such information, under such circumstances the victim can directly report
the offence and the fact of ‘no action’ from police to the Superintendent of the Police. On
receipt of such information the superintendent of police is expected to direct investigation
into the complaintxxx. If no action is taken by Superintendent of Police, then the complaint
may be filed directly with the Magistratexxxi. On receipt of complaint, the Magistrate will in
turn examine the complainant on oath and enquire into the case himself or direct
investigation by the police before taking cognizance xxxii .The victim thereafter does not
participate in the investigation except by being called to confirm the identity of the
accused xxxiii or the material objects, if any, recovered during the course of investigationxxxiv.
In addition to the rights of the victims and informant, the accused enjoy the right to be
represented by the pleader of his choicexxxv. If the accused is not able to hire the services of an
advocate for any reason whatsoever, including financial difficulty, the State is under the duty
to provide the assistance of the lawyer xxxvi. Therefore, The Court interpreted section 304 of
CrPC and held in Sukh Das v. State of Arunachal Pradesh that a conviction of the accused in
a trial in which he was not provided legal aid would be set aside as being violative of Article
21 of the Constitutionxxxvii.
As a part of process of empowerment of citizen and making access to justice meaningful
following information has to be furnished to the accused.

The police report

The first information report recorded under section 154

The statements recorded under sub-section (3) of section 161

Any other document or relevant extract thereof forwarded to the

Magistrate with the police report under sub-section (5) of section 173

The confessions and statements, if any, recorded under section

164

b. CrPC and Victims of Crime

The Code has dealt extensively with one part of criminal justice system, i.e. person Accused
of crime. Being an accused, the Code provides him with several rights, more importantly the
Constitution of India and judiciary of India has created comprehensive accused rights.
However, on the other hand, the impact of criminal justice system is also felt by the victims
of the false criminal proceedings. The impact on the victims differs depending upon kinds of
crimes, and impact could be varied such as physical, psychological and financialxxxviii.
It is sad to note that; only handful of provisions has been created for such fallacious
proceedings under the Code. The Criminal Code provides for compensation for dubious and
fallacious complaints, under such circumstances the Code authorizes magistrates to direct
complainants or informants to pay compensationxxxix. Again under similar circumstances the
Code empowers the court to order a compensation for making a false arrest of the innocent
personxl . Lastly at the end of the criminal proceedings the court found the accused guilty, the
can grant compensation to the victim and order the payment of costs of the prosecutionxli.

7. Access to Justice and Role of Advocates

Legal profession or Advocates profession is monopolistic in character. The whole society is

barred from interference in the practice of law and this monopoly itself consists of certain
high traditions, which all members are expected to upkeep and uphold.
Law is a Honourable profession and an Advocate acts in dual capacity as an Officer of justice
or friend of the Court and he acts as a mouthpiece of the client, seeking justice. He is an
integral part for the administration of justice. Therefore, a judge’s ability to deliver qualitative
justice depends on the arguments of counsel. As it has been said, assistance from the Bar
“goes a long way for the Bench to do justice”xlii
As the monopoly is ensured in favour of Advocates, the professionals were paying back the
benefit from the ancient times by conducting the case of a poor litigant without reward. Such
charity is exhibited, when so required by the Courtxliii.
The President of American Bar Association, emphatically mentioned that the American
Constitution establishes the fundamental right of access to the judicial system. The Courts
are designated as guardians of every person's individual rights and have a special
responsibility to protect and enforce the right of equal access to the judicial system. This
onerous responsibility could be discharged only due to two important reasons:
(1) Public trust and confidence in the system overall, and
(2) A strong commitment by the organized bar to work with the judiciary to establish and
demand compliance of judicial decisionsxliv
Therefore, if the judiciary is the guardian of the rights of the people, the organized bar and its
lawyers are the foot soldiers.
The American Bar Association (ABA) has established 11 goals to be pursued in its quest of
'Defending Liberty and Pursuing Justice. The second of these most important goals is 'To
promote meaningful access to legal representation and the American system of justice for all
persons regardless of their economic or social conditionxlv.
The importance of the Legal Aid could be traced to the very tenets of the Magna Carta which
was formulated well over eight centuries ago, where the beginnings of equal justice under the
law were marked by the inscription in the 40th paragraph of the Charter as:
"To no one will we sell, to no one will we deny or delay right or justice."

a. Advocates’ Profession and Legal Aid

The Advocates are expected to provide legal service. Legal service means help or assistance
or free service in the field of law. The apex court has categorically stated in its various
decisions that legal aid is not a charity but it is a duty of a welfare state. The provisions of
Section 2(1)(c) of the Advocates Act, encompasses the following three ingredients;
 Legal services are provided in conducting legal
proceedings

Legal proceeding may be before courts or

tribunals or any other authority

Legal service includes legal advice also

Therefore Advocates enjoy the monopoly granted by the State through law, such monopoly is
based on the assumption that lawyers perform a service to the public by assisting in the
administration of justice being professionally equipped to do soxlvi
The Section VI of the Advocates Act provides for Duty to Render Legal Aid. This part
contains only one section, which states that, Every Advocate shall in the practice of the
profession of law bear in mind that any one genuinely in need of a lawyer is entitled to legal
assistance even though he cannot pay for it fully or adequately and that within the limits of an
Advocate’s economic condition, free legal assistance to the indigent and oppressed is one of
the highest obligations an Advocate owes to society.
Therefore, it is clearly said that providing free legal assistance to the needy and indgent
person is the highest obligation Advocate owes to the society. However, it is also mentioned
that the duty should be exercised within the limits of the economic conditions of the
Advocate. Even though the exception mentioned is a proper, it may give rise to a lacuna to be
exploited.

The concern shown was reiterated by the Supreme Court in the case of Kishore Chand v.
State of H.Pxlvii. where the court commented upon the precarious condition in which legal aid
is rendered by the professionals, it said that, though Article 39-A of the Constitution provides
fundamental rights to equal justice and free legal aid and though the State provides amicus
curiae to defend the indigent accused. Such service would be meted out with unequal defence,
as it is in common knowledge that the youngster from the Bar who has either a little
experience or no experience is assigned to defend such indigent person. Therefore, It is
necessary that the senior counsel practicing in the Court concerned, volunteer to defend such
indigent accused as a part of their professional duty.

a. Legal Practitioners (Regulations and Maintenance of Standards in Professions,

Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010

It is still a bold attempt in the pipeline, where it is proposed for establishment of Legal
Services Board on the lines of the Legal Services Board in U.K. suiting the Indian situation.
The Act has been passed with the object of establishing the Legal Services Board and to
regulate the activities of legal practitioners. In addition it also proposes to make provisions for
the establishing of an ombudsman to deal with the complaints against the professionals and
most importantly to make provision for providing legal services free of charge.
The Act also lays down its objectives, which includexlviii
 •Supporting the constitutional principle of the rule of law
1

•Protecting and promoting the public interest

2

•Improving access to justice

3

•Protecting and promoting the interests of the clients of the legal practitioners
4

•Promoting healthy competition amongst the legal practitioners for improving the
5 quality of service

•Encouraging an independent, strong, diverse and effective legal profession with

ethical obligations and with a strong sense of duty towards the courts and
6 tribunals where they appear
•Creating legal awareness amongst the general public and to make the consumers
7 of the legal profession well informed of their legal rights and duties

•Promoting and maintaining adherence to the professional principles

8

First three regulatory objectives indirectly provide for legal aid and specifically third directly
provides for access to justice. Promotion of public interest and implementing constitutional
mandate include legal aid to the poor. Similarly ensuring access to justice provides legal aid
to the basic needs of the citizens of India.
The new bill has dealt with the legal aid in CHAPTER IV of the proposed Act. It mentions
that every Legal Practitioner shall be duty bound to give free legal services to the financially
weaker consumers or clients. Financially weaker, is a person falling within the definition
given under Section 12(h) of the Legal Services Authorities Act, 1987xlix.
As compared to Advocates Act, 1961, this proposed bill makes two significant strides. Firstly,
it defines the financially weaker persons, secondly, it has taken away any kind of exceptions
which were created in the Advocates Act, 1961.
In addition to differential treatment in prescribing duties, it has made major difference by
providing regulatory objectives, which has to be implemented by each professional. The bill
also established a regulatory authority to deal with the implementation of the objectives in the
form of Legal Services Board.
The legal services Board has power to issue direction for the implementation of the regulatory
objectives of the bill. These directions have to be implemented by the concerned Bar
Councils.

8. Summary

The vibrant justice delivery system ensures enforcement of rights. The procedure should cater
to the needs of the all kinds of remedy seekers. It also should provide meaning to the maxim
‘Ubi Jus Ibi Remedium’ (where there is a right, there is a remedy). Therefore, economic
hindrance or economic disability should not be a cause for refusal to entertain case. This
module helps us in understanding the procedural law in view of needs of poor.
The discussion in the module extends from civil and criminal procedure to constitution of
India, which recognises the access to justice and it does provides few provisions relating to
access to justice.
Even though, the provisions relating to the poor seeking justice is limited. The other
provisions of the both codes could be studied and it could also be utilised in providing access
to justice to the poor.
Another important aspect of the discussion under the module would be to understand the role
of Advocates in providing access to justice to the poor. The State, Law and even Society have
assured monopoly over the advocacy profession. In return of this assurance, professionals
have to provide service to the State as well as Society. The module examines the provisions
of law where the Advocates are expected to provide access to justice to poor.

i
Sec 151 of CPC and sec 482 of CrPC
ii
Justice S.B. Sinha, Judicial Reform in Justice Delivery System, (2004) 4 SCC (Jour) 35
iii
Article 39A of the Constitution of India
iv
http://www.airwebworld.com/articles/index.php?article=1393
v
Under Article 32 for Supreme Court and under Art 226 to High Courts.
vi
As a part of implementation process Speedy Trail Act 1974 was enacted in US of A.
vii
Article 30 A to the Constitution of India http://legalservices.co.in/blogs/entry/Constitutional-vision-
to-access-to-justice-in-india
viii
Kadra Pehadiya vs. State of Bihar AIR 1981 SC 939
ix
Babu Singh v. State of UP (1978) 1 SCC 579
x
AIR 1979 SC 1377
xi
(1994) 3 SCC 569
xii
http://legalservices.co.in/blogs/entry/Constitutional-vision-to-access-to-justice-in-india
xiii
(1981) 1 SCC 623
xiv
Dr. G. Mallikarjun, ‘LEGAL AID IN INDIA AND THE JUDICIAL CONTRIBUTION’ NALSAR
Law Review Vol VII No 1 at 216
xv
Order 33 of the Code
xvi
Order 44 of the Code
xvii
A.A. Haja Muniuddin v. Indian Railways, (1992) 4 SCC 736
xviii
Union Bank of India v. Khader International Construction, (2001) 5 SCC 22
xix
R.V. Dev v. Chief Secretary, Govt. of Kerala, (2007) 5 SCC 698
xx
Alternative Dispute Resolution Systems
xxi
Section 80(1) of Code of Civil Procedure
xxii
Ghanshyam Dass v. Domination of India, (1984) 3 SCC 46
xxiii
Raghunath Das v. UOI AIR 1969 SC 674
xxiv
Order 27 Rule 5B
xxv
Order 23 Rule 3 of CPC
xxvi
For further discussion refer, , R. Sreekumar, ‘Access to justice for under trial prisoners: problems
and solutions’.www.humanrightsinitiative.org/.../Access%20to%20justice%20for %20u
xxvii
See sec. 482 read with 483 of Cr. P.C
xxviii
S.154 (1) of the Code of Criminal Procedure, 1973. Such information is registered as the first
information report (FIR).
xxix
s.154 (2) Cr. PC.
xxx
S.154 (3) Cr. PC.
xxxi
S.190 Cr. PC.
xxxii
S.200, 202 Cr. PC
xxxiii
Sec 9 of Indian Evidence Act, The evidence gathered by means of a test identification parade is
relevant and admissible.
xxxiv
http://www.ielrc.org/content/a0402.pdf
xxxv
Sec 303 of CrPC
xxxvi
Sec 304 of CrPC
xxxvii
See also M.H.Hoskot v.State of M aharashtra, AIR 1 9 7 8 S C 1 5 48 : 19 7 8 Cr L J 1 9 45 and
State of Hussainara Khatoon v. Ho me S ecretar y, State of Bihar, AIR 19 7 9 S C 13 6 9 :
xxxviii
Murugesan SRINIVASAN and Jane EYRE MATHEW ‘Victims and the Criminal Justice System
in India: Need for a Paradigm Shift in the Justice System’, TEMIDA, Jun 2007, pp 51-62
xxxix
Section 250
xl
Section 358
xli
Section 357
xlii
Mohinder Singh Gill v. Chief Election Commr., (1978) 1 SCC 405,
xliii
Role Of Advocates In Implementation Of Legal Aid Schemes www.legalserviceindia.com/.../1396-
role-of-advocates-in-implementation-of-legal-aid-schemes.html
xliv
JUSTICE T.MATHIVANAN, Judge, Madras High Court, Legal Aid Issues, Challenges And
Solutions -
An Empirical Study www.hcmadras.tn.nic.in/legalaid-issues.pdf
xlv
ibid
xlvi
Bar Council of Maharashtra v. M.V. Dabholkar, (1975) 2 SCC 702
xlvii
AIR 1990 SC 2140
xlviii
Section 3 of the Bill
xlix
Sec 27. Free Legal Services to the Financially Weaker Consumers / Clients, of the Bill