Free Legal Aid
Overview
Free Legal Aid/Services by the Government/NALSA are provided only to those individuals that fulfil the eligibility criteria as per Section 12 of the Legal Services Authorities Act, 1987.
The following persons are entitled for Free Legal Aid/Services:
- A member of a Scheduled Caste or Scheduled Tribe
- A victim of trafficking in human beings or begar as referred in Article 23 of the Constitution;
- A woman or a child;
- A disabled person;
- A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
- An industrial workman; or
- A person in custody; or
- A person in receipt of annual income less than the amount prescribed by the State Government, if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.
FAQs
- What is the income limit set by different States as eligibility criteria for Free Legal Aid?
The Income Ceiling Limit prescribed u/S 12(h) of the Act for availing Free Legal Services in different States has been stated below:
|
S. No. |
States/Union Territories |
Income Ceiling Limit (Per Annum) |
|
1. |
Andhra Pradesh |
Rs. 3,00,000/- |
|
2. |
Arunachal Pradesh |
Rs. 1,00,000/- |
|
3. |
Assam |
Rs. 3, 00, 000/- |
|
4. |
Bihar |
Rs. 1,50,000/- |
|
5. |
Chhattisgarh |
Rs. 1,50,000/- |
|
6. |
Goa |
Rs.3,00,000/- |
|
7. |
Gujarat |
Rs.1,00,000/- |
|
8. |
Haryana |
Rs. 3,00,000/- |
|
9. |
Himachal Pradesh |
Rs. 3,00,000/- |
|
10. |
Jammu & Kashmir |
Rs. 1,00,000/- |
|
11. |
Jharkhand |
Rs. 3,00,000/- |
|
12. |
Karnataka |
Rs. 1,00,000/- |
|
13. |
Kerala |
Rs. 300,000/- |
|
14. |
Madhya Pradesh |
Rs. 1,00,000/- |
|
15. |
Maharashtra |
Rs. 3,00,000/- |
|
16. |
Manipur |
Rs. 3,00,000/- |
|
17. |
Meghalaya |
Rs. 1,00,000/- |
|
18. |
Mizoram |
Rs. 25,000/- |
|
19. |
Nagaland |
Rs. 1,00,000/- |
|
20. |
Odisha |
Rs.3,00,000/- |
|
21. |
Punjab |
Rs. 3,00,000/- |
|
22. |
Rajasthan |
Rs. 1,50,000/- |
|
23. |
Sikkim |
Rs. 3,00,000/- |
|
24. |
Telangana |
Rs.1,00,000/- |
|
25. |
Tamil Nadu |
Rs. 3,00,000/- |
|
26. |
Tripura |
Rs. 1,50,000/- |
|
27. |
Uttar Pradesh |
Rs. 1,00,000/- |
|
28. |
Uttarakhand |
Rs. 3,00,000/- |
|
29. |
West Bengal |
Rs. 1,00,000/- |
|
30. |
Andaman & Nicobar Islands |
Rs.3,00,000/- |
|
31. |
Chandigarh UT |
Rs. 3,00,000/- |
|
32. |
Dadra & Nagar Haveli UT |
Rs. 15,000/- |
|
33. |
Daman & Diu |
Rs. 1,00,000/- |
|
34. |
Delhi |
General- Rs. 1,00,000/- Senior citizen- Rs. 2,00,000/- Transgender- Rs. 2,00,000/- |
|
35. |
Lakshadweep |
Rs. 9,000/- |
|
36. |
Puducherry |
Rs. 1,00,000/- |
- Is a woman irrespective of her income/financial status eligible for Free Legal Aid?
Yes, a woman is entitled for Free Legal Aid irrespective of her income or financial status. A woman is eligible to apply for Free Legal Aid by virtue of Section 12(c) of the Legal Services Authorities Act, 1987.
- Am I eligible for Free Legal Aid if I do not earn/have enough money to pay for my case?
Yes, you are eligible for Free Legal Aid if you fulfil the criteria under Section 12 (h) of the Legal Services Authorities Act, 1987. It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any Court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for Free Legal Aid. The income ceiling limit as prescribed by different States/Union Territories has been stated in the table in FAQ no. 1.
As per Section 13(2) of the Act, an affidavit made by a person as to his income is generally regarded as sufficient for making him/her eligible for the entitlement of legal services under the Act, unless the concerned Authority has reasons to question or disbelief such affidavit.
- What are the instances in which an application for Free Legal Aid can be denied?
Legal Aid can be denied if the person applying to avail Free Legal Aid is found to be ineligible under Section 12 of the Legal Services Authorities Act, 1987. Section 12 of the Act lays down the categories of persons that are eligible to acquire Free Legal Aid.
- Till what age can a child apply for Free Legal Aid?
A child is eligible for Free Legal Aid till the age of majority i.e. 18 years. This is effectuated by Section 12 (c) of the Legal Services Authorities Act, 1987.
- Are senior citizens eligible for Free Legal Aid?
Senior citizens’ eligibility for Free Legal Aid depends on the Rules framed by the respective State Governments in this regard.
In Delhi for example, senior citizens are eligible for Free Legal Aid subject to prescribed ceiling of annual income. Any individual above the age of 60 can apply for Free Legal Aid/Services.
Once the application for Free Legal Aid is submitted, it is examined by the concerned Legal Services Authority. If the application has been made online via the NALSA website or the online portals of the Legal Services Authorities, the applicant can track the status of the application on the NALSA Website itself.
However, if the application was made physically at the front office of any Legal Services Authority, the information regarding the application would be sent either by post to the residential address or on email. The residential address/ email id for correspondence is usually noted at the time the application is being submitted at the front office of the Authority.
Procedure after the application is selected for granting of Free Legal Aid
If the application is successful, the applicant would be given information regarding the assignment of a lawyer. A letter of appointment is issued to the lawyer assigned for the particular matter and the said lawyer would contact the applicant at the earliest.
You are not required to pay any fees whatsoever to the assigned lawyer for the conduct of his/her legal services in your case/legal problem. However, if such a lawyer is asking for fees/money or if you are being treated unfairly or if you are unhappy with his/her conduct for any other reason, you can formally complain against him/her. This can be done either by a simple paper application or by writing an email to an appropriate authority or to NALSA (at nalsa-dla@nic.in). One can even access the “Grievance Redressal” option on the NALSA website and make a complaint therein.
Procedure if the application for Free Legal Aid is denied
If the applicant is found ineligible for Free Legal Aid, his/her application for the same would be rejected. If this is the situation and your application for Free Legal Aid is denied, you can appeal against the decision to the Executive Chairman or Chairman of the Legal Services Institution. The decision made upon this appeal would be a final decision.
FAQs
- What is the average time taken for an application to be processed and for an individual to be assigned a Free Legal Aid lawyer?
According to Regulation 7(2) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, a decision on the application for Free Legal Aid is to be taken immediately and not more than 7 days from the date of the receipt of the application.
- Can I appeal if the Free Legal Services are denied to me?
According to Regulation 7(5) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, the application for legal services will be scrutinized by the Member-Secretary or the Secretary and if any individual is aggrieved by the decision made upon their application, he/she has an option to appeal to the Executive Chairman or Chairman of the Legal Services Institution and the decision resulting from the appeal would be a final one.
- How will I get an intimation/information of the acceptance, success, failure, etc. of my application? By email, SMS or Courier?
Once the application is scrutinized by the concerned authorities, the information of its success or failure is given to the applicant in the following ways:
- If the application was made physically at the front office of any Legal Services Authority, an address (either residential or email) for correspondence is usually noted and information regarding the application is sent to the same.
- If the application is made online via the NALSA website or the online portals of the Legal Services Authorities, an application number is generated and the appropriate Legal Services Authority is contacted. The applicant can track the status of the application on the online portal itself.
- If the application has been received from Government Departments / CPGRAM, an email is sent to the applicant. The applicant can also get a scanned copy of the application on the CPGRAM website. Remarks regarding the application are also made on CPGRAM website and the website of the Legal Services Authority.
- What is the procedure after my application is selected/Legal Aid is granted?
Once the application is selected, the applicant is given intimation about the assignment of a lawyer. A letter of appointment is also issued to the assigned lawyer with a copy to the applicant. The lawyer would thereafter contact the applicant at the earliest. The applicant may also contact the lawyer in the meanwhile.
- Can Legal Aid be withdrawn?
Legal Aid granted to any aided person can be withdrawn in the following circumstances:
- If the aided person (applying under income category) has been found to possess sufficient means/resources to fund his own case;
- If the aided person is found to have obtained the legal services by misrepresentation or fraud;
- If the aided person does not comply with the lawful requirements in prosecuting or defending his/her case;
- If the aided person engages a legal practitioner other than the one assigned by the Legal Services Authority/Committee;
- If the aided person dies, except in the case of civil proceedings where the right or liability survives; or
- If the application for legal service or the matter in question is found to be an abuse of the process of law or of legal services
- Can I complain against the conduct of a certain Legal Services Authority?
Yes, you can make a complaint (in writing by a simple application) regarding the conduct of a Legal Services Authority if you have been wronged. It can be made to the higher authority than the one you are complaining against. The hierarchy has been stated below:
- The National Legal Services Authority (NALSA) is the central authority and is headed by the Hon’ble Chief Justice of India.
- The State Legal Services Authorities are functional at the state level. These fall second in the hierarchy. These authorities are headed by the Chief Justices of the respective High Courts.
- The High Court Legal Services Committees are headed by sitting judges of the respective High Courts (in the capacity of Chairman).
- The District Legal Services Authorities are headed by the District Judges.
- The Taluk Legal Services Committees are the authorities functioning in Taluks. Each Taluk Legal Services Committee is headed by a respective Senior Judge.
- What is the procedure if I am unhappy with the conduct of the lawyer assigned to me by a Legal Services Authority? Can I complain against him/her? Can he be replaced?
If you are unhappy with the conduct of the lawyer assigned to you, you can make a formal complaint (to the authority that assigned you the lawyer) by:
- Writing a simple paper application and submitting the same to a Legal Services Authority;
- Writing an email to the appropriate authority or NALSA (at nalsa-dla@nic.in);
- Accessing the “Grievance Redressal” option on NALSA website or the respective website of the authority that assigned the lawyer.
However, you must ensure that your complaint describes the problem that you are facing with your lawyer. According to Regulation 8 (14) of the National Legal Services Authority (Free and Competent Legal Services) Regulations 2010, the Legal Services Institution is at liberty to withdraw any case from a panel lawyer during any stage of the proceedings.
Regulation 8 (17) states that if the panel lawyer engaged is not performing satisfactorily or has acted contrary to the object and spirit of the Act and the regulations, the Legal Services Institution shall take appropriate steps - including withdrawal of the case from such lawyer and even his/her removal from the panel.
- Do I have to pay the lawyer’s fees after the case is completed?
No, the recipient of Free Legal Aid is not required to pay the advocate’s fees during or after the case is over. The Free Legal Aid is entirely free of cost and it does not get affected by the outcome of the case either.
NALSA
National Legal Service Authority.
Connect With NALSA
For latest updates, information and news, contact NALSA:
Free Legal Aid Helpline: 15100 (Toll free)
Website: nalsa.gov.in