India Criminal Defense Manual - Other Pretrial Matters

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CONFLICT OF INTEREST

Counsel shall be honest and responsible, making every effort to safeguard the client's legal rights. To fully perform his duties, counsel shall be loyal to his client and to the client's interests. Legal aid lawyers shall, as stipulated within legal parameters, remain loyal to their clients without condition. Once conditions arise that may threaten this professional loyalty, the lawyer shall avoid representing another accused in the same case and any other person or organization whose interests conflict with that of the client.

BAIL

Introduction

Bail pending trial is a compulsory measure adopted by the Criminal Procedure Code, 1973. It allows the criminal suspect to provide a guarantee or surety to guarantee that the suspect will not escape from the case investigation during the bail period, and that he will appear as soon as summoned and will appear on all dates of hearing before the court when called to appear. Although personal freedoms are restricted when the suspect is out on bail, such restrictions are far less severe than the restrictions placed on those in custody. The legal aid lawyer should apply for his client's bail as soon as possible.

The provisions of bail are broadly classified into two categories:

1. Bailable[1]

2. Non-Bailable cases[2]

In the first category, grant of bail is a matter of course and it may be given either by police in charge of the police station having the accused in custody or by the court before whom the trial is put up for hearing. Persons under


References

  1. Under Section 436 of Criminal Procedure Code
  2. Under Section 437 of the Criminal Procedure Code