Who is entitled to free
legal aid?
Any person, who is:
- a member of the scheduled castes or tribes;
- poor (with an annual income of not more than
Rs.50000/- for cases in the Supreme Court and Rs.25000/- in other courts);
- a victim of trafficking in human beings or
beggar;
- disabled, including mentally disabled;
- a woman or child;
- a victim of mass disaster, ethnic violence,
caste atrocity, flood, drought, earth quake, industrial disaster and
other cases of undeserved want;
- an industrial workman; in custody, including protective custody; facing a charge which might result in imprisonment;
- unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation;
In addition to the above,
legal service may be granted:
- in cases of great public importance;
- special cases considered deserving of legal
services
Cases for which legal aid
is not available
- Cases in respect of defamation, malicious
prosecution, contempt of court, perjury etc.
- Proceedings relating to election;
- Cases where the fine imposed is not more than
Rs.50/-;
- Economic offences and offences against social
laws;
- Cases where the person seeking legal aid is not
directly concerned with the proceedings and whose interests will not be
affected, if not represented properly.
Constitutional provisions:
Article 39A of the Constitution of India provides that State
shall secure the operation of the legal system promotes justice on a basis of
equal opportunity, and shall in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disability.
Articles 14 and 22(1) also make it obligatory for the State to ensure
equality before law and a legal system which promotes justice on a basis of equal
opportunity to all. Legal aid strives to ensure that constitutional pledge is
fulfilled in its letter and spirit and equal justice is made available to the
poor, downtrodden and weaker sections of the society.
Legal Aid Under Cr.P.C:
S. 304(1) "Lays down that when accused facing a trial. Concept
of free legal aid scheme under legal services Authority. Act is only when
accused facing trial in court. When person is VV poor, then he can get legal
aid. In the absence of lawyer, the entire trial becomes vitiated and then case
to be remanded back to the trial court. Court to ask the accused, whether he
has services to engage a lawyer or not. If not, the court is bound to give him
lawyer from the bar, who should be well versed with the law and to be get paid
by St. Govt. Court
Legal Aid Under Order
33, rule 17 of CPC:
Suit by or against
an indigent person. When a plaint along with petition, that person unable to
avail services of an lawyer, then court exempts him from court fees.
Go to Provisions relating to Legal aid page to read more....
