Supreme Court: Confession Without Corroboration Cannot Be Basis For Conviction

 The confession allegedly made by the Appellants is of no use in bringing home a conviction, especially when there was no corroboration available, of the statements made, from other valid evidence. There was thus no single circumstance available, incriminating the Accused in the death of their friend, the son of PW5. {Para 30}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 3738 of 2023

Decided On: 27.01.2026

Bernard Lyngdoh Phawa Vs. The State of Meghalaya

Hon'ble Judges/Coram:

P.V. Sanjay Kumar and K. Vinod Chandran, JJ.

Author: K. Vinod Chandran, J.

Citation: 2026 INSC 85,MANU/SC/0087/2026

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LLM Notes: Role of the Legal Profession in the Juvenile Justice System in India

 Legal Representation and Protection of Rights

• The legal profession plays a pivotal role in safeguarding the rights of children in conflict with the law within India’s juvenile justice system. Legal aid counsel ensures that the system remains child-centric, upholding the principles of care, protection, and rehabilitation rather than punishment.

• Lawyers are responsible for making juveniles aware of their rights, including the right to remain silent and the right to legal representation. This is crucial for ensuring a fair process and protecting children from coercion or procedural lapses.

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Important changes brought about by Bharatiya Nagarik Suraksha Sanhita, 2023{Part 1}

1)   Leniency in plea bargaining

The code is also making some other humane changes to show leniency to first-time offenders in less serious offences and simultaneously address the issue of rising population of under-trial prisoners. For instance, in Section 293 of BNSS corresponding to Section 265E of CrPC relating to disposal of case in plea bargaining procedure, punishments have been significantly reduced for first-time offenders. Now they can be punished to 1/4th and 1/6th of minimum punishment as compared to 1/2 and 1/4th punishment respectively under Sections 293(c) and 293(d) of BNSS.

2) Legal aid in trial or appeal

The new law also seeks to increase the ambit for provision of legal aid. Section 304(1) of CrPC earlier provided for legal aid “in a trial before the Court of Session”. However, the revised section 341(1) of BNSS has replaced this with “in a trial or appeal before a Court” which significantly increases the ambit of the same. 

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Bombay HC: Advocates Appointed By Legal Aid Or Court Exempt From Filing Certified Copies Of Judgement In Appeal

 The learned counsel Mr. Pawan Mali has strenuously preparedthe Appeal Memo along with the Application for condonation of delay.It appears that the office has not permitted him to file the Appeal and

Application, mentioning.doc rather has not accepted his papers on the ground that he has not furnished the certified copy of the impugned judgment. In fact the learned counsel was never given a certified copy of the said judgment by the Legal Aid Services Authority. {Para 3}

4. In view of this, the learned counsel Mr. Pawan Mali is exempted

from filing of the certified copy of the judgment and order in Sessions Case No.41 of 2016. Office to accept the papers and register the same as in other proceedings.

5. These directions would be applicable to all Advocates who are

appointed either by the Court or by the Legal Aid Services Authority.

Non-filing of the certified copy of the judgment shall not be an

impediment to accept the papers and register the Appeals by the

office.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2022

Babi Krushna Pawar  Vs The State of Maharashtra .

CORAM: SMT. SADHANA S. JADHAV &

MILIND N. JADHAV,J.

DATE MARCH 30, 2022.

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Questions and answers on law Part 14

Q.1:-Whether a special court under Pocso Act can grant Anticipatory bail to an accused charged with section 8 of pocso act?

Ans:-Section 8 of POCSO Act Whoever commits sexual assault shall be punished with the imprisonment of either description for a term which shall not less than three years but which may extend to five years, and shall also be liable to fine.

In my opinion, as this offence is punishable with imprisonment for more than three years, it is non bailable and application for anticipatory bail is maintainable. Caselaw on the point is 

With Section 8 Of The Pocso Act vs In Re: Azad Paswan @ Ajad Pasoyan & ... on 15 January, 2020 

https://indiankanoon.org/doc/188410386/.

Any other view is welcomed

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Income limit for getting free legal aid is increased in Maharashtra

https://drive.google.com/file/d/18rDFxhEYweD6H8aX2k6wvwPNDRTFEJzf/view?usp=sharing

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Criteria for grant of free legal aid under legal services authorities Act

Chapter IV

ENTITLEMENT TO LEGAL SERVICES

12. Criteria for giving legal services.—Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is—

(a) a member of a Scheduled Caste or Scheduled Tribe;

(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;

(c) a woman or a child;

18[(d) a person with disability as defined in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;]

(e) a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or

(f) an industrial workman; or

(g) in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987 (14 of 1987); or

19[(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.]

13. Entitlement for legal services.—(1) Persons who satisfy all or any of the criteria specified in Section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

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Whether proceeding before Lok adalat is judicial proceeding?

The Legal Services Authorities Act, 1987

22. Powers of 1 [Lok Adalat or Permanent Lok Adalat.]—(1) The 1 [Lok Adalat or Permanent Lok Adalat] shall, for the purposes of holding any determination under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—

---

(a) the summoning and enforcing the attendance of any witness and examining him on oath;

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(b) the discovery and production of any document;

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(c) the reception of evidence on affidavits;

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(d) the requisitioning of any public record or document or copy of such record or document from any court or office; and

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(e) such other matters as may be prescribed.

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(2) Without prejudice to the generality of the powers contained in sub-section (1), every 1 [Lok Adalat or Permanent Lok Adalat] shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it.

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(3) All proceedings before a 1 [Lok Adalat or Permanent Lok Adalat] shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (45 of 1860) and every 1 [Lok Adalat or Permanent Lok Adalat] shall be deemed to be a Civil Court for the purpose of section195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

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Whether litigant can be compelled to take legal aid?

 In support of the appeal, learned counsel for the appellant
vehemently argued that record of the case shows that the appellant,
accused, was not in a normal mental state for reasons more than one.

Even the record during trial and thereafter, and various
communications made by him show his abnormal behaviour.
According to him, since the mental unfitness of the appellant was
clearly visible, in that he was not normal, inasmuch as he filed Exhs.7
and 15 before Trial Judge before commencement of trial on his own,
stating that he did not want any legal assistance from the Legal Aid
Committee, Govt., and the Court, and would himself defend his side,
the Trial Court should not have held trial without giving him legal
assistance. The counsel also pointed out that the cross-examination
made by appellant himself as per his own choice is certainly not the
way in which cross-examination is done by a cross-examiner. This has
caused a very serious prejudice to the appellant. He did not get a fair
trial. According to Mr. Bhangde, the appellant should have been sent
by the learned Trial Judge for finding out his mental fitness and then
the Trial Court should have decided whether to allow him to defend
himself or for giving help of an Advocate. The fact remains that he was
never given the help of an Advocate and the trial went ahead till the
culmination of trial ultimately resulting into conviction of the appellant
for the serious offence of rape.
Per contra, learned APP supported the impugned Judgment
and Order, and submitted that under the rules, no compulsion can be
made on the appellant, accused, or the litigant, to accept the legal aid.
In the instant case, according to him, the appellant, accused, himself
filed applications [Exhs. 7 and 15], stoutly refusing the help from Legal
Aid for defending his case. According to Mr. Jawade, learned APP, there
is no procedure for imposing legal aid on somebody who does not want
it, nor there is any such legal obligation. He, therefore, prayed for
rejection of this plea raised by the appellant, accused.
 Upon hearing the learned counsel for the rival parties, at the
outset, I am inclined to reject the submission made by learned counsel
for the appellant about the grievance of the accused, appellant, not
being sent for medical examination of his mental health and/or for a
legal aid. It appears from the record that the appellant in his admancy
made applications etc., during the course of trial. But then, he was
not insane or mentally unfit to take a decision regarding offer for legal
aid. At any rate, at the inception, he submitted Exh.7 on his own
volition that he did not want any legal aid or assistance from the Govt.,
and on the contrary, would like to defend himself. He then repeated

the same by way of Exh.15. I am, therefore, of the opinion that the
contention raised by Mr. Bhangde in this connection has no merit.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Appeal No.252 of 2015
Sujit Bhurandas Borkar,

Versus
The State of Maharashtra,

 CORAM : A.B. CHAUDHARI, J.

 Date : 03rd February, 2016
Citation: 2016 ALLMR(cri) 2029

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Right of accused to get legal aid -concept of informed consent

 InMohd. Ajmal Mohd. Amir Kasab alias Abu Mujahid
Vs. State of Maharashtra AIR 2012 SC 3565 the Supreme Court held that
even if the accused does not ask for a lawyer or remains silent, the same is
not sufficient. The accused must voluntarily make an informed decision. An
informed decision is a decision where the Court informs the consequences
and the danger of the waiver and it must clearly be noted that the accused
understood the consequences of waiver. 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.A. No. 1046/2008

Decided on: 3rd May, 2013

SATISH KUMAR S/O ACHARYANAND

versus
STATE

Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA

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Leading Supreme Court judgment on right of accused to get free legal aid at pre-trial stage and during trial

 We, therefore, have no hesitation in holding that the right to access to legal aid, to consult and to be defended by a legal practitioner, arises when a person arrested in connection with a cognizable offence is first produced before a magistrate. We, accordingly, hold that it is the duty and obligation of the magistrate before whom a person accused of committing a cognizable offence is first produced to make him fully aware that it is his right to consult and be defended by a legal practitioner and, in case he has no means to engage a lawyer of his choice, that one would be provided to him from legal aid at the expense of the State. The right flows from Articles 21 and 22(1) of the Constitution and needs to be strictly enforced. We, accordingly, direct all the magistrates in the country to faithfully discharge the aforesaid duty and obligation and further make it clear that any failure to fully discharge the duty would amount to dereliction in duty and would make the concerned magistrate liable to departmental proceedings.

485. It needs to be clarified here that the right to consult and be defended by a legal practitioner is not to be construed as sanctioning or permitting the presence of a lawyer during police interrogation. According to our system of law, the role of a lawyer is mainly focused on court proceedings. The accused would need a lawyer to resist remand to police or judicial custody and for granting of bail; to clearly explain to him the legal consequences in case he intended to make a confessional statement in terms of Section 164 CrPC; to represent him when the court examines the chargesheet submitted by the police and decides upon the future course of proceedings and at the stage of the framing of charges; and beyond that, of course, for the trial. It is thus to be seen that the right to access to a lawyer in this country is not based on the Miranda principles, as protection against self-incrimination, for which there are more than adequate safeguards in Indian laws. The right to access to a lawyer is for very Indian reasons; it flows from the provisions of the Constitution and the statutes, and is only intended to ensure that those provisions are faithfully adhered to in practice.

486. At this stage the question arises, what would be the legal consequence of failure to provide legal aid to an indigent who is not in a position, on account of indigence or any other similar reasons, to engage a lawyer of his own choice?

487. Every accused unrepresented by a lawyer has to be provided a lawyer at the commencement of the trial, engaged to represent him during the entire course of the trial. Even if the accused does not ask for a lawyer or he remains silent, it is the Constitutional duty of the court to provide him with a lawyer before commencing the trial. Unless the accused voluntarily makes an informed decision and tells the court, in clear and unambiguous words, that he does not want the assistance of any lawyer and would rather defend himself personally, the obligation to provide him with a lawyer at the commencement of the trial is absolute, and failure to do so would vitiate the trial and the resultant conviction and sentence, if any, given to the accused (see Suk Das v. UT of Arunachal Pradesh[95]).

488. But the failure to provide a lawyer to the accused at the pre-trial stage may not have the same consequence of vitiating the trial. It may have other consequences like making the delinquent magistrate liable to disciplinary proceedings, or giving the accused a right to claim compensation against the State for failing to provide him legal aid. But it would not vitiate the trial unless it is shown that failure to provide legal assistance at the pre-trial stage had resulted in some material prejudice to the accused in the course of the trial. That would have to be judged on the facts of each case.

Supreme Court of India

Md.Ajmal Md.Amir Kasab @Abu ... vs State Of Maharashtra on 29 August, 2012

Author: ……………………………………

Bench: Aftab Alam, Chandramauli Kr. Prasad

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