Section 126 of the Bharatiya Nyaya Sanhita (BNS), 2023
🔹 Section 123 – Right to Legal Aid
🔸 Text of Section 123, BNS 2023 (Paraphrased)
Every person accused of an offence has the right to free legal aid if they cannot afford a lawyer.
The State shall provide legal services through appointed advocates or through legal service authorities to ensure that the accused gets competent and effective legal representation.
This right applies at every stage of the criminal proceedings, including investigation, trial, appeal, and other legal processes.
If the accused requests legal aid, the authorities must ensure that the assistance is provided without delay.
✅ Detailed Explanation
1. Who is Entitled?
Every accused person facing criminal charges.
Particularly emphasized for those who cannot afford legal representation on their own.
2. What Does Legal Aid Mean?
Free access to a lawyer or advocate who will represent and defend the accused.
Legal aid includes advice, preparation, and representation at all stages.
3. When Does This Apply?
From the moment of investigation.
Throughout the trial.
During any appeal or revision.
In other proceedings connected to the criminal case.
4. Obligations of the State
The State must ensure the availability of competent legal aid.
The State can provide this through:
Appointed lawyers.
Legal services authorities.
Legal aid should be prompt once requested.
🔹 Purpose of Section 123
To uphold the right to a fair trial.
To ensure equality before the law.
To protect the accused from being unrepresented due to poverty.
To guarantee effective defense and access to justice.
📌 Summary Table
| Aspect | Detail |
|---|---|
| Who | Every accused person unable to afford lawyer |
| What | Free legal aid (advice + representation) |
| When | At all stages of criminal proceedings |
| How | Provided by State-appointed advocates or legal services |
| Purpose | Fair trial, equality, access to justice |
📌 Example Scenario
A poor accused, A, arrested for theft.
A requests a lawyer but cannot afford one.
The court or police informs A of the right to free legal aid.
A legal aid lawyer is assigned promptly.
The lawyer assists A from investigation through trial and appeals if any.
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