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    Legal Aid

    Eligibility

    1. Who are Entitled to Free Legal Services?
      The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :

      1. A member of a Scheduled Caste or Scheduled Tribe;
      2. A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
      3. A woman or a child;
      4. A mentally ill or otherwise disabled person;
      5. A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
      6. An industrial workman; or
      7. In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or
      8. a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be 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.
      The Income Ceiling Limit prescribed u/S 12(h) of the Act for availing free legalservices in different Stateshas 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. 3,00,000/-
      11. Jharkhand Rs. 3,00,000/-
      12. Karnataka Rs. 3,00,000/-
      13. Kerala Rs. 300,000/-
      14. Madhya Pradesh Rs. 2,00,000/-
      15. Maharashtra Rs. 3,00,000/-
      16. Manipur Rs. 3,00,000/-
      17. Meghalaya Rs. 3,00,000/-
      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. 3,00,000/-
      23. Sikkim Rs. 3,00,000/-
      24. Telangana Rs.3,00,000/-
      25. Tamil Nadu Rs. 3,00,000/-
      26. Tripura Rs. 1,50,000/-
      27. Uttar Pradesh Rs. 3,00,000/-
      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 Rs.3,00,000/-
      35. Ladakh Rs. 1,00,000/-
      36. Lakshadweep Rs. 3,00,000/-
      37. Puducherry Rs. 1,00,000/-
    2. 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.
    3. Till what age can a child apply for free legal aid?
      A childis 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.
    4. 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.
    5. 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.

    Post Application Procedure

    1. What is the procedure after my application is submitted with the Legal Services Institutions?
      Legal aid is provided to the entitled persons through legal services authorities existing from the National to Taluka levels including the NALSA, State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, Supreme Court Legal Services Committee and High Court Legal Services Committees. If, however, an application or request for legal aid is received by NALSA, NALSA forwards the same to the concerned authority.
      Once the application is submitted with the proper authority, it would be perused by the concerned Legal Services Institution as to what action is needed upon the same. The information about the next step on the application would then be sent to the parties concerned.
      The action taken on an application received would vary from providing counselling/advice to the parties, providing a lawyer to represent them in the court, etc.
    2. 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.
    3. 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.
    4. 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:

      1. 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.
      2. 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.
      3. 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.
    5. When can Legal Aid be Denied or Withdrawn?
      Legal Aid can be denied at the initial stage before the application for legal aid is accepted. It can also be withdrawn at the later stage after the application has been accepted and legal aid has been provided. Legal aid can be denied or withdrawn in the following circumstances:

      1. Legal aid can be denied if a person is found ineligible under Section 12 of the Legal Services Authorities Act, 1987
      2. Legal aid can be withdrawn if the aided person who applied under the income category is found to possess sufficient means;
      3. Legal aid can be withdrawn where the aided person obtained legal services by misrepresentation or fraud;
      4. Legal aid can be withdrawn where the aided person does not cooperate with the Legal Services Authority/Committee or with the legal services advocate;
      5. Legal aid can be withdrawn where the person engages a legal practitioner other than the one assigned by the Legal Services Authority/Committee;
      6. Legal aid can be withdrawn in the event of death of the aided person except in the case of civil proceedings where the right or liability survives;
      7. Legal aid can be withdrawn where 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.
    6. 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.
    7. Whom can I Approach if I want to Complain against the Conduct of a Legal Services Authority?
      A complaint can be made regarding the conduct of a legal services authority to the higher authority in the following hierarchal order:

      1. The National Legal Services Authority is the central authority and is headed by the the Hon’ble Chief Justice of India as its Patron-in-Chief, the second senior most judge of the Hon’ble Supreme Court is the ExecutiveChairman and a District Judge level Judicial Officer is the Member Secretary.
      2. The State Legal Services Authorities are headed by the Chief Justices of their respective High Courts as their Patron-in- Chiefs, and the second senior most Judge of the respective High Courts as their Executive Chairman. They also have Member Secretaries heading the respective State Legal Services Authorities.
      3. The High Court Legal Services Committees are headed by a sitting Judge of the respective High Court as their Chairman.
      4. The respective District Legal Services Authorities are headed by a District Judge as their Chairman.
      5. The respective Taluk Legal Services Committeesare headed by a Senior Judge as their Chairman.
    8. 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:

      1. Writing a simple paper application and submitting the same to a Legal Services Authority;
      2. Writing an email to the appropriate authority or NALSA (at nalsa-dla@nic.in);
      3. Accessing the “Grievance Redressal” option on NALSA website (https://nalsa.gov.in/) 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.

    Miscellaneous

    1. Does NALSA Only Provide Legal Aid?
      Besides legal aid, NALSA also spreads legal literacy and awareness by

      1. conducting legal awareness camps in rural as well as urban areas;
      2. through print media like newspapers, preparing and publishing legal-aid literature;
      3. arranging workshops on legal topics for various functionaries of the legal systems such as lawyers, students, Non-Governmental organizations and Government agencies;
      4. carrying out field surveys;
      5. creating awareness about the law of the land amongst general public by utilizing digital mass media like Radio, Television, Internet, social media and the like etc.

      NALSA also facilitates the beneficiaries of various government schemes, policies to avail the benefits. It facilitates resolution of disputes through alternative dispute resolution mechanisms such as Lok Adalat, Mediation, etc.

    2. Can External Agencies participate in the activities of NALSA in disseminating Legal Literacy and Awareness?
      Yes, external agencies can partner and participate in the activities of NALSA in disseminating legal literacy and awareness.
    3. Does NALSA work with Persons in the Community?
      Yes, NALSA engages volunteers (also known as ‘Para Legal Volunteers’) from different walks of life, such as: retired teachers, retired Government servants, NGOs, self-help groups, aganwadi workers, panchayats, educated prisoners with good behavior and serving long term sentences. Since they work in the grass root level, they act as a bridge between the Legal Services Authorities and the public so as to ensure that legal services reach to all sections of the people, to facilitate implementation of the schemes of the government for the entitled sections, to achieve higher rate of legal awareness; thereby ensuring access to justice for all. They are provided basic legal training by the State Legal Services Authorities.

    Apply For Legal Aid

    A person in need of free legal services can approach the concerned authority or committee through an application which could either be made by sending in written form,or by filling up the forms prepared by the said authorities stating in brief the reason for seeking legal aid or can be made orally in which case an officer of the concerned legal services authority or a paralegal volunteer can assist the person.

    A person can also apply online for getting Legal Aid to any Legal Services Institution in the country by filling up the Legal Aid Application. Apply online for free legal aid click here.