Supreme Court Mandates Legal Aid Offer in Criminal Cases

On Thursday, the Supreme Court directed trial courts across the country to make an offer of legal aid to accused individuals who cannot afford a lawyer before the trial begins. A bench led by Justices Sanjay Kumar and K Vinod Chandran underscored the importance of this mandate following the prolonged detention of Reginamary Chellamani under the NDPS Act.

Despite being in custody for more than four years, Chellamani did not secure legal representation until later in her trial, raising concerns about fair trial rights. The Supreme Court granted her bail, highlighting the unjust length of her incarceration compared to a co-accused who was bailed earlier.

The Court insisted that trial courts must record the offer of legal aid, the accused's response, and the subsequent actions before proceeding with witness examinations. These instructions will be communicated to the chief justices of all high courts to ensure compliance.