Supreme Court of India
State of Madhya Pradesh v. Shobharam and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result. we declare that s. 63 of the Madhya Bharat Pan chayat Act is violative of Art. 22(1) of the Constitution, and is void to the extent that it denies any person who is arrested, the right to be defended by a legal practitioner of his choice in any trial of the crime for which he is arrested.
Judgment, page 20
From the headnote
Madhyabharat Panchayat Jl.ct (58 of 1949), s. 63-If violates Art. 22 of the Constitution. Constitution of India, 1950, Art. 22(1)-Right of accused to be de· fended by counsel-If ensures in cases when accused cannot be sen tenced to imprisonment. The respondents were arrested by the police for the offence of trespass and were released on bail. They were tried and sentenced to pay a fine by the Nyaya Panchayat, a court established under the Madhya Bharat Panchayat Act, 1949, with powers to impose only a sentence of fine. The conviction was set aside by the High Court on the ground that s. 63
Authorities it was built on
Where later benches applied it
Of those, 2 mentioned
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