Khatri and Ors. v. State of Bihar and Ors
Supreme Court of India
1981
(II) 1981 (1) SCC 627
Article 21 & Criminal Procedure
~8 min
Author: Gulzar Hashmi
•
India
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Published on
Primary Keywords:
Article 21
Free Legal Aid
Custodial Violence
Compensation
Secondary Keywords:
Magistrate Duty
24-Hour Rule
PIL
Remand Proceedings
Quick Summary
Core point: The Supreme Court said free legal aid is part of Article 21. The State must provide a lawyer to an indigent person from the first production before the magistrate and at remand. Strictly follow the 24-hour rule. For custodial torture, courts can order compensation and structural reforms.
Issues
- Is free legal aid an essential part of fair, just, and reasonable procedure under Article 21?
- Does the State’s duty start at first production and remand, not only at trial?
- Must magistrates inform accused persons about the right to free legal aid?
- Does non-production within 24 hours and detention without remand orders violate Articles 21/22?
- Can courts direct compensation for custodial violence under Article 21?
Rules
- Free legal aid is implicit in Article 21; the State cannot plead lack of funds or staff.
- Duty attaches from first production and continues at each remand stage.
- Courts must inform the accused of this right; silence makes the right hollow.
- Produce arrestees before a magistrate within 24 hours; detention without remand is illegal.
- For Article 21 violations, courts can craft remedies including compensation and systemic reforms.
Facts — Timeline
Top
Bhagalpur jail incidents: prisoners were brutally blinded—alleged custodial torture by police.
Prisoners (Khatri and others) moved the Supreme Court under Article 32; treated as a PIL.
Allegations: no timely production before magistrate; no legal aid; magistrates ignored visible injuries.
State of Bihar denied responsibility and cited financial limits for not providing legal aid.
The Supreme Court issued notices, examined duties of State and magistracy, and considered remedies including compensation.
Arguments
Petitioners
- Article 21 requires free legal aid from first production and at remand.
- 24-hour rule breached; continued detention without lawful orders.
- Custodial blindings violate Article 21; compensation and reforms are needed.
State of Bihar
- Denied institutional responsibility; blamed individual officers.
- Cited financial/administrative constraints for lack of legal aid.
- Questioned links between injuries and State action.
Judgment
The Supreme Court affirmed that free legal aid is a part of Article 21’s fair procedure. The State must provide counsel to indigent accused from first production and at remand; magistrates must inform them of this right. Non-production within 24 hours and detention without remand are unconstitutional. The Court recognised compensation for custodial violence and directed reforms and legal aid measures.
Ratio Decidendi
Article 21 = fair, just, reasonable procedure. Free legal aid is integral to that promise. Enforcement includes proactive judicial duties (informing the accused), strict 24-hour compliance, and effective remedies like compensation for violations.
Why It Matters
- Access to justice: Legal aid from the very first court touchpoint.
- Accountability: Magistrate’s duty to inform and to check illegal detention or visible injuries.
- Human rights remedy: Compensation for custodial torture under Article 21.
Key Takeaways
- Free legal aid is a right, not charity.
- Starts at first production and every remand.
- 24-hour production is non-negotiable.
- Compensation is a valid Article 21 remedy.
Mnemonic + 3-Step Hook
Mnemonic: “AID-REM-24-COMP” — AID at first production, REMand duty continues, 24-hour rule strict, COMPensation for violations.
- Inform: Tell the accused about free legal aid immediately.
- Ensure: Produce within 24 hours; record injuries and pass lawful remand orders.
- Remedy: If violated, order compensation and structural reforms.
IRAC Outline
| Issue | Scope of Article 21 regarding free legal aid, 24-hour production, magistrate duties, and compensation for custodial violence. |
|---|---|
| Rule | Fair, just, reasonable procedure implies legal aid from first production; strict 24-hour compliance; duty to inform; effective remedies including compensation. |
| Application | Prisoners were blinded; lacked legal representation; were not timely produced; magistrates failed to act—breaching Articles 21/22 and necessitating remedies. |
| Conclusion | State’s constitutional duty affirmed; directions issued for legal aid, compliance, compensation, and systemic reforms. |
Glossary
- Article 21
- Guarantees life and personal liberty through fair, just, and reasonable procedure.
- 24-Hour Rule
- Arrestee must be produced before a magistrate within 24 hours of arrest.
- Compensation (Art. 21)
- Monetary redress awarded by courts for fundamental rights violations.
FAQs
From the first production before a magistrate and at every remand stage—not just at trial.
Yes. The judge must inform the accused; otherwise, the legal aid right is meaningless.
Detention becomes illegal; it violates Articles 21 and 22. Courts can order release and other remedies.
Yes. Compensation is part of effective protection of Article 21 rights in cases like custodial violence.
No. Financial or administrative constraints do not excuse constitutional duties under Article 21.
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