The preamble of the constitution of India aims to secure to the people of India social, economic and political justice. Justice P.N. Bhagwati stated that legal aid means providing an arrangement in the society where the administration of justice is easily accessible and in the reach of those who have been provided with the rights given to them by the law.
Article 38 (1) of the Constitution provides that the state shall promote the welfare of the people by securing and protecting the social order including justice. Also Article 21 provides an equal right to life and liberty except according to the procedure provided by law.
In the case of Hussainara Khatoon v State of Bihar, it was held that if any accused is unable to afford legal services, then he has the right to free legal aid at the cost of the state. It is the duty of the state to ensure that the legal system promotes equal opportunity to seek justice to all its citizens. Therefore, the state shall provide free legal aid to those who cannot access justice due to economic and other disabilities.
What are the services offered by the legal services authority?
Payment of court and other procedure fees
Charges for preparing, drafting or filing any legal proceedings
Charges for legal practitioner or advisor
Costs for obtaining decrees, judgments, orders or any other document during the legal proceeding
Cost of paperwork, including costs for printing, translation, etc.
Legal services for aid could be rejected-
If the applicant filing for legal aid-
has adequate means
Does not fulfil the criteria for applying for legal aid
His application does not have merit for legal aid.
The case for which free legal aid is not provided-
In the cases of defamation, malicious prosecution, contempt of court, perjury etc.
In proceedings related to elections
Cases where the fine imposed is not more than Rs. 50.
For offences against social laws or economic offences.
Where the person filing for legal aid is not directly involved with the legal proceedings and his interests are not going to be affected.
Who can apply for free legal aid?
Listed below are the persons who can apply for free legal aid-
A member of scheduled castes or tribes.
A person belonging to the above section and has been suffering from natural calamity, is an industrial worker, child, insane, handicapped, person in custody or those who have annual income less than Rs 1 lakh.
A beggar or a victim of trafficking
A disabled person, or mentally disabled.
A woman or a child.
An industrial worker
A person in custody, including protective custody.
A person facing charges which may result in imprisonment (Khatri II v State of Bihar, 1981 SCC)
A person unable to engage a lawyer for reasons such as poverty, etc.
Special cases considered deserving of legal services.
Where can one apply for free legal aid?
Based on the territorial or subject- matter jurisdiction, an individual can approach the following authorities respectively-
Taluk Legal Services Committees in the court premises of the respective Taluk.
District Legal Services Authority, which is in the District Court Premises in the District Head Quarters.
The Concerned State Legal Authority for cases, panels maintained at the State level.
The High Court Legal Services Committee, which is situated in the concerned High Court premises.
The Supreme Court Legal Services Committee for the cases before the Hon’ble Supreme Court.
Each of the District, the High Court and State Legal Authority has a front office where such an application can be moved.
One can access and apply directly online for free legal aid on the NALSA portal.
Conclusion
For free legal aid and advice the government and judiciary of the country have platforms where the needy could apply for the same. However, in case you seek legal advice before deciding to file a case in the court of law, you can visit a criminal lawyer in Delhi. Even the best criminal lawyer in Delhi offer free legal advice to the clients during the first meetings and guide them through various legal options available to them, so that they can weigh their options and decide the respective legal process they wish to follow.
Lead India offers you the top criminal lawyers in Delhi who can offer you legal opinion or assistance based on their years long experience in the field of criminal law.
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