Section 103 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 103 – Right to Legal Aid
🧾 Purpose of Section 103
Section 103 establishes the right to free legal aid to ensure that every person accused of an offence or involved in legal proceedings has access to competent legal representation, regardless of their financial status.
📘 Key Provisions of Section 103
Who is Eligible?
Any person who is unable to afford legal representation.
Includes accused persons, victims, or any party involved in judicial proceedings.
Applies to both criminal and civil cases.
Scope of Legal Aid
Free legal advice.
Representation by a qualified lawyer during investigation, trial, or appeal.
Assistance in drafting petitions or legal documents.
Duty of the State
The state must provide legal aid services through legal aid clinics, lawyers, or public defenders.
The state may establish legal aid institutions to facilitate access.
Right to Counsel
The accused has the right to be defended by a legal practitioner of their choice, or, if they cannot afford, by a lawyer appointed by the state.
Ensuring Fair Trial
Legal aid is a fundamental right to ensure fairness and equality in legal processes.
⚠️ Why Section 103 Matters
Promotes access to justice for marginalized and poor individuals.
Prevents denial of fair trial due to lack of resources.
Strengthens the principle of equality before the law.
Enhances public confidence in the justice system.
✅ Example
If a person accused of theft cannot afford a lawyer, the state must provide free legal counsel so that the person’s rights and defense are protected during the trial.
🔍 Summary Table
| Aspect | Details |
|---|---|
| Who is Eligible | Persons unable to afford legal representation |
| Services Provided | Legal advice, representation, document assistance |
| Responsibility | State to provide and facilitate legal aid |
| Right | To counsel of choice or state-appointed lawyer |
| Purpose | Ensure fair trial and access to justice |
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