https://nalsa.gov.in/services/legal-aid

Legal Services

1. What are Legal Services?

Legal Services includes providing Free Legal Aid to those weaker sections of the society whofall within the purview of Section 12 of the Legal Services Authority Act, 1987. It also entails creating legal awareness by spreading legal literacy through legal awareness camps, print media, digital media and organizing Lok Adalats for the amicable settlement of disputes which are either pending or which are yet to be filed, by way of compromise. NALSA also undertakes necessary steps by way of social action litigation with regards to any matter of special concern to the weaker sections of the society. Legal services also encompasses facilitating the beneficiaries to get their entitlements under various government schemes, policies and legislations

2. What is included in free legal services/aid provided by the Legal Services Authorities? / What is the nature of free legal services?

Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by Legal Services Authorities Act, 1987 and headed by the National Legal Services Authority (NALSA).

Provision of free legal aid may include:

1. 1. Representation by an Advocate in legal proceedings.
   2. Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
   3. Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
   4. Drafting of legal documents, special leave petition etc.
   5. Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.

Free Legal Services also include provision of aid and advice to the beneficiaries to access the benefits under the welfare statutes and schemes framed by the Central Government or the State Government and to ensure access to justice in any other manner.

According to Section 2(c) of the Legal Services Authorities Act, 1987, “legal services” includes any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter.

3. Is Free Legal Aid Confined to the Cases before the Subordinate Courts?

No, free legal aid is not confined to cases before the subordinate Courts. Legal Aid is provided to the needy from the lowest Court to the Supreme Court of India. Legal Aid Counsel represent such needy persons before the lower Courts, High Courts and also before the Supreme Court of India.

4. What kind of cases can I apply free legal aid for? 

According to Section 13 (1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive legal services, provided that the concerned Legal Services Authority is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. All kinds of cases are included as long as the individual satisfies the eligibility under Section 12 of the Act. 

5. Can I choose a lawyer of my choice under the free legal services/aid?

Yes, it is possible to avail the services of a lawyer of your choice under free legal services. According to regulation 7(6) 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 the applicant has mentioned/expressed his/her choice of a lawyer on the panel, such Member-Secretary or Secretary can consider and allow the same. 

6. Can I get only free legal consultation even if I do not want to pursue a proper case in the courts?

Yes, it is possible to get any kind of legal service under free legal aid/services.

7. Can I get free legal aid lawyer at any stage of case? Can I get free legal aid at the time of appeal even though I had my personal lawyer before the appellate stage?

Yes, you can apply to get free legal aid at any stage of the case as long as you are eligible to attain free legal services as per Section 12 of the Legal Services Authorities Act, 1987. Even if you had your personal lawyer before and require a lawyer under free legal aid only at the stage of appeal (and are eligible under Section 12), you can make an application to avail the same.

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 :

(a) A member of a Scheduled Caste or Scheduled Tribe;

(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;

(c) A woman or a child;

(d) A mentally ill or otherwise disabled person;

(e) 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

(f) An industrial workman; or

(g) 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

(h) 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 legal services in different States has been stated below:

	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 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. 

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.

Claiming Free Legal Aid / Application Procedure

1. Where should I approach in order to seek free legal services/aid?

Depending upon the territorial and subject matter jurisdiction of the case, an individual should approach the following appropriate authority:

1. 1. Taluk Legal Services Committee which is in the premises of the Court in that Taluk; or
   2. District Legal Services Authority which is in the premises of the District Court in the District Headquarters; or
   3. The concerned State Legal Services Authority (for particular cases, panels of which are maintained at State level);
   4. The High Court Legal Services Committee which is in the premises of the concerned High Court; or
   5. The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court.

Each District Legal Services Authority, High Court Legal Services Committee and State Legal Services Authority has a front office where an application can be moved.

One can even access and apply on the online portal of NALSA (https://nalsa.gov.in/) or the website of the State Legal Services Authorities.

2. How can I apply for free legal aid?

You can apply for free legal aid either offline or online. You can fill up the ready-made form/application form that is available at your nearest Legal Services Authority and submit the same at either the Authority physically, or post the application to the Authority.

You can even make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc. and submit it physically or send by post.

Another option is to send the application online i.e. by email to NALSA (at nalsa-dla@nic.in), or through the online application form available online at NALSA’s website by going on the ‘Online Application’ Link on the Home Page, along with uploading necessary documents.

It is also possible to make your application orally – a paralegal volunteer or an officer of the concerned Legal Services Authority will assist you in such cases.

3. Is there any other Information that I need to Furnish along with my Application?

You have to submit the completed application form to the authority along with full documentation which includes identity proofs, requisite certificates/affidavit as proof of belonging to a particular category for being entitled for free legal services.

For application through the online procedure, details regarding all the relevant documents required are provided in the website.

4. Do I have to pay any charge/fee for acquiring and submitting an application form for free legal aid?

No, there is absolutely no charge for getting an application form for free legal aid. You are not required to spend any money for both getting and submission of the application. For obtaining legal advice, you can call or visit the office of the concerned Legal Services Authority.

5. What if the Person in need of Free Legal Aid is Illiterate?

Such persons can be assisted by the SLSAs/DLSAs/TLSCs or panel Advocates etc., once they approach the legal services institutions. The Para Legal Volunteers (PLVs) who are stationed in the villages can also gather necessary information of such applicants and fill up the forms for them. The applicant is required to affix signature initials or thumb impression on the same.

6. Do I have to Incur Expenses at any Stage?

No, expenses like Process Fees, Drafting Fees, Typing Fees, Clerkage as well as Fees of panel lawyers (during or after the case is completed) are borne by the legal service institutions.

7. What are the timings of the Legal Services Authorities within which an individual seeking free legal aid can approach for assistance/application?

An individual seeking free legal aid can approach NALSA anytime between Monday and Friday – from 9:30 am to 6 pm. However, the online application can be filed at any time of the day or night as the website is functional 24 x 7. The other Legal Services Authorities can also be approached within their office hours which can be checked on their respective websites.

Miscellaneous

1. Does NALSA Only Provide Legal Aid?

Besides legal aid, NALSA also spreads legal literacy and awareness by

1. 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. Important Links

https://play.google.com/store/apps/details?id=com.nalsa.lsmsapp&pcampaignid=web_share

https://apps.apple.com/in/app/nalsa-legal-services/id1592802734

https://nalsa.gov.in/brochures/information-booklet

https://nalsa.gov.in/important-bare-acts

https://nalsa.gov.in/services/legal-awareness-literacy

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