In the absence of counsel

Four important points a criminal court has to keep in mind.

▶When counsel does not appear in a criminal case, the Court is obliged to appoint an amicus.

▶In the absence of counsel, the case should not be decided and that a criminal case cannot be dismissed for default.

▶Free legal assistance for the poor and indigent at State cost is a fundamental right of a person accused of an offence even if the accused does not seek.

▶Right to counsel to a prisoner is recognised and traced to Article 21.

These points have been summarized in ✅ judgment in Sanjit Saha vs State of West Bengal 2023 INSC 1085