ABSTRACT

This chapter locates the right to custodial legal assistance as potentially the most powerful driver for future reform. A detailed discussion assists in establishing the relevant stipulations under the Constitution of India and the institutional interpretation of the right to legal assistance. An enquiry is made into the impact international conventions have had on the provision of custodial legal assistance. The implementation of the right to legal assistance in England and Wales is analysed in parallel with seminal ECHR jurisprudence; both are seen as capable to provide the Indian criminal justice system with a useful compass when seeking reform.