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Role Of Defense Counsel In The Criminal Justice System




Nidhi Garg, The NorthCap University, School of Law

ABSTRACT

Our Criminal Justice System is administered by criminal procedure and law, the object is to make sure that the accused gets a fair chance of trial and justice on the basis of true facts and circumstances. In any criminal procedure, trial proceeding is very important as it creates a base for further proceedings. For an accused party against whom criminal proceeding has been instituted, it is necessary to produce a strong defense against all the allegations and charges and for this accused is need to be represented by the defense counsel. Though in a criminal proceedings every functionary is important such as police, judges, prosecutor and the defense counsel.

Sometimes it becomes difficult for an accused to consult a lawyer or to approach a lawyer because criminal proceedings are against him, so for the defense counsel it's a tough situation to be in and to safeguard his client. The defense counsel needs to argue against the state which is represented by the prosecutor. Defense counsel requires to have full knowledge about facts of the case and to build faithful relations with the accused and consult him at each stage of proceedings.

This paper analyzes the importance and role of defense counsel in the criminal justice system, related provisions of CrPC, how defense counsel built relationships with his client, and what all preparations are done by defense counsel before and throughout the proceedings.

Keywords: defense counsel, accused, proceedings, rights, client, roles and responsibilities


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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