Right to Counsel: Limited or Unfettered?

Authors – Akshat Khanna & Isha, Students at Jindal Global Law School

BEST CITATION – Akshat Khanna & Isha, Right to Counsel: Limited or Unfettered?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 790-795, ISSN – 2583-2344.

Abstract

In India, the right to counsel has always been neglected, with only limited applicability in the pre-trial stage. Such limited access to an integral right is detrimental to the accused, who is unaware of his legal rights. The lack in legal knowledge possessed by the common man opens the possibility to a plethora of mistreatment, abuse and exploitation by the police who take undue advantage of the prevalent illiteracy in the society. Corrupt practices shame the fair justice and trial system promised to the citizens of the democracy, as their fundamental rights are violated by state authorities themselves. In light of these violations the court imposes guidelines on the police regarding the presence of the lawyer in a pre-trial stage. However, these guidelines fall a step too short, as the presence is merely limited, and need not be for the entirety of the interrogation and other pre-trial procedures. This limited nature doesn’t prevent exploitation, but merely postpones it to times wherein the lawyer is not present. Thereby these provisions do not reduce the absolute nature of the power possessed by the police during investigation. This paper explores the need for concrete legislative action and establishment of punitive measures regarding enforcement of the right to counsel in the pre-trial stage.

Key Words: Right to counsel; Police exploitation; Rights of accused; Pre-trial procedures; Interrogation and investigation.