Criminal Manual 84 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(a) When a Magistrate commits the accused to the Court of Session, he should question the accused as to whether he desires to make his own arrangement for his defence in the Sessions Court, or whether arrangement should be made by the Sessions Court to engage a pleader on his behalf. In the latter case, the Magistrate should, when committing the case for trial, intimate the Sessions Court accordingly.

(b) If the accused is not to be represented by Pleader, the Magistrate should inquire from the authorities or from other source as to whether the accused has sufficient means to engage pleader. The Magistrate should report the result of his inquiry to the Court of Session, as early as possible after the commitment to enable the Court of Session to assign a defence pleader at the expense of State under Section 304, Criminal Procedure Code.

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