In our criminal justice system, generally speaking, the prosecutor representing the State accuses the defendant of the commission of the alleged crime; and the law requires him to prove his case beyond reasonable doubt. The criminal justice system as such recognizes equal rights and opportunities to both the parties, i.e. the State and the accused person, to present their cases before the court. But under the prevailing condition in India, the equal legal rights and opportunities would in practice operate unequally and harshly, affecting adversely the poor indigent accused persons who are unable to engage competent lawyers for their defence. The system therefore, departs from its strict theoretical passive instance and attempts to provide legal aid at State costs to indigent accused persons to defend themselves in criminal trial.