Khatri and Others v. State Of Bihar and Ors, 1981 SCR (2) 408, 1981 SCC (1) 627

Nature of the Case

Supreme Court decision regarding the State’s constitutional obligation under Article 21 of the Constitution to provide free legal aid to the accused if (1) the accused is indigent and cannot obtain legal aid, and (2) there is a possibility of imprisonment; legal aid is to be provided without the request of the accused; under Article 22 of the Constitution, an arrested person must be brought before a judicial magistrate within 24 hours of the arrest in the interest of police oversight.

Enforcement of the Decision and Outcomes

The Supreme Court recommended that the incarcerated persons be placed in a home run by the Blind Relief Association of Delhi and funded by the State of Bihar.

Significance of the Case

This case is important for its strong stance on providing free legal aid for the indigent accused.  The State is required to provide legal aid and cannot cite financial or administrative inability as reasons for not providing such aid.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.