एम.एच. होस्कोट बनाम महाराष्ट्र राज्य
| Citation | (1978) 3 SCC 544 |
| Court | Supreme Court of India |
| Date | 17 August 1978 |
| Year | 1978 |
| Bench | V.R. Krishna Iyer, D.A. Desai, O. Chinnappa Reddy JJ. |
| Acts/Articles | Article 21, Article 39A |
| Category | Constitutional Law, Criminal Law |
Key Principle Established
Right to free legal aid is a fundamental right under Article 21. Jail authorities must provide copy of judgment to prisoners in time to file appeal. State must provide free legal services.
The petitioner, a university Reader convicted of criminal offences, was unable to file an appeal in time because the prison authorities did not provide him a copy of the judgment. He filed a Special Leave Petition in person from jail.
Justice Krishna Iyer held that right to free legal aid is implicit in Article 21:
This judgment was a precursor to Article 39A (Directive Principle on free legal aid) being given teeth. It established the constitutional obligation of the State to provide legal aid and led to the creation of legal aid frameworks across India, eventually resulting in the Legal Services Authorities Act, 1987.
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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.