The Pinnacle of Judicial Parity: Right to be Defended and Access to Legal Aid from Arrest to Acquittal under Indian Criminal Law

  • Srinibas Praharaj
  • Show Author Details
  • Srinibas Praharaj

    LL.M. student at School of National Security and Law, Rashtriya Raksha University, Gandhinagar, Gujarat, India

  • img Download Full Paper


From the moment of arrest onward, individuals possess the right to legal representation, ensuring the protection of their rights during trial and other pre-trial proceedings. The article delves in the crucial need for early access to legal counsel, emphasizing its role in upholding individual liberties. Furthermore, it addresses concerns surrounding confession, bail and pre-trial detention, underscoring the significance of legal assistance in ensuring a fair process for those awaiting trial. The article deals into the importance of building a robust legal defense, encompassing effective cross-examination and evidence presentation. It also sheds light on how without fair trial the challenges faced by the accused, emphasizing the potential for miscarriages of justice in the absence of adequate legal aid. This article also examines the significant role played by the right to legal defense and access to free legal aid in achieving true judicial parity within the criminal justice system in India. It identifies challenges such as financial constraints and offers policy recommendations and legal reforms to address these obstacles. At the end this piece of writing put some suggestions to the well-addressed problems and way forwards. In conclusion, the article contends that the right to legal defense and access to free legal aid from arrest to acquittal are indispensable for the achievement of judicial parity and in protecting the important pillars of the natural justice. Upholding these rights not only ensures justice for individuals but also maintains the integrity of the entire judicial system, fostering a society founded on principles of equity, fairness and good conscience.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 609 - 616


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021