Supreme Court of India

State of Madhya Pradesh v. Shobharam and Ors.

Neutral citation
Reported as [1966] SUPP. 1 S.C.R. 239
Bench A.K. Sarkar J.
Decided 22 April 1966

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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