खत्री (II) बनाम बिहार राज्य
| Citation | (1981) 1 SCC 635 |
| Court | Supreme Court of India |
| Date | 14 January 1981 |
| Year | 1981 |
| Bench | P.N. Bhagwati, A.P. Sen JJ. |
| Acts/Articles | Article 21, Article 39A |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
Right to free legal aid is a constitutional obligation. Magistrates must inform accused of this right at first production. State cannot plead financial inability.
This case arose from the infamous Bhagalpur blindings — police had blinded several undertrials by pouring acid into their eyes. The case raised questions about custodial violence and the right to legal representation.
Justice Bhagwati held that free legal aid at State expense is a constitutional right under Article 21:
This judgment, together with Hoskot (1978), laid the constitutional foundation for the legal aid movement in India. It directly led to the establishment of legal services authorities and eventually the Legal Services Authorities Act, 1987. The direction to Magistrates to inform accused of their legal aid rights is now mandatory practice.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.