1. When can the legal services be
of a person immediately after such
Legal Aid implies giving free legal services
Who is entitled to free legal
withdrawn?
arrest.
to the poor and needy who cannot afford
aid?
the services of a lawyer for the conduct The legal services committee can with
—(Sheela Barse, V. State of Maharashtra)
Any person, who is:
of a case or a legal proceeding in any draw the services if,
The Magistrates and sessions judges
l
court, tribunal or before an authority. l the aid is obtained through
s a member of the scheduled
must inform every accused who misrepresentation or fraud;
castes or tribes;
Right to Legal Aid: appears before them and who is not l any material change occurs in the
s poor (with an annual income of not
l It is the duty of the State to see that represented by a lawyer on account circumstances of the aided person;
more than Rs.50000/- for cases
the legal system promotes justice on of his poverty or indigence that he is l there is misconduct, misbehavior or
in the Supreme Cour t and
the basis of equal opportunity for all entitled to free legal services at the negligence on the part of the aided
Rs.25000/- in other courts);
its citizens. It must therefore arrange cost of the State. person;
s a victim of trafficking in human
to provide free legal aid to those who l the aided person does not cooperate
beings or beggar;
Failure to provide legal aid to an
l
cannot access justice due to with the allotted advocate;
s disabled, including mentally
indigent accused, unless it was
economic and other disabilities. l the aided persons appoints another
disabled;
refused, would vitiate the trial. It might
—(Art.39 A of the Constitution of India) legal practitioner;
s a woman or child;
even result in setting aside a l the aided person dies, except in civil
If the accused does not have
l conviction and sentence. s a victim of mass disaster, ethnic cases;
sufficient means to engage a lawyer, —(Suk Das Vs. Union Territory of violence, caste atrocity, flood, l the proceedings amount to misusing
Arunachal Pradesh (1986) 2 SCC 401;
the court must provide one for the drought, earth quake, industrial the process of law or of legal service.
1986 SCC (Cri) 166)
defense of the accused at the disaster and other cases of
expense of the state. undeserved want;
Services offered by the Legal Cases for which legal aid is
—(Sec. 304, Criminal Procedure Code)
Services Authority: not available
s an industrial workman;
s in custody, including protective
l Payment of court and other process fee; s Cases in respect of defamation,
The Constitutional duty to provide
l
custody;
l Charges for preparing, drafting and malicious prosecution, contempt
legal aid arises from the time the
filing of any legal proceedings; of court, perjury etc.
s facing a charge which might result
accused is produced before the
l Charges of a legal practitioner or legal in imprisonment; s Proceedings relating to election;
Magistrate for the first time and
advisor; —(Khatri II Vs. State of Bihar,
continues whenever he is produced s Cases where the fine imposed is
l Costs of obtaining decrees, (1981) 1SCC); and
for remand. not more than Rs.50/-;
unable to engage a lawyer and
judgments, orders or any other s
—(Khatri II Vs. State of Bihar, (1981) 1SCC;
s Economic offences and offences
secure legal services on account
1981 SCC (Cri) 228; 1981 Cri. LJ 470) documents in a legal proceeding;
against social laws;
of reasons such as pover ty,
l Costs of paper work, including
s Cases where the person seeking
A person entitled to appeal against
l indigence, and incommunicado
printing, translation etc.
legal aid is not directly concerned
his/her sentence has the right to ask situation;
with the proceedings and whose
When can Legal ser vices be
for a counsel, to prepare and argue
interests will not be affected, if not
rejected?
the appeal. In addition to the above, legal
represented properly.
—(Madav Hayavadanrao Hoskot Vs. State of service may be granted:
If the applicant
Maharastra (1978)3 SCC 544) (Art. 142 of
- has adequate means to access in cases of great public
the Constitution r/w 21 and 39A) I
Recovery of the Aid:
justice; importance;
Where legal services are withdrawn, the
Duties of the Police and the Courts: - does not fulfill the eligibility criteria;
special cases considered
I
Committee is empowered to recover the
- has no merits in his application
l The police must inform the nearest deserving of legal services. cost of legal services granted.
requiring legal action.
Legal Aid Committee about the arrest

2. About CHRI
Whom to approach for free legal The applicant has the right to appeal
l
aid? before the chairman for a decision
The Commonwealth Human Rights
Police and You
against such rejection.
The person who needs free legal aid can
Initiative (CHRI) is an international,
approach the Legal Services Authority at
independent non-profit organisation Know Your Rights
Duties of the aided person:
any level- national, state, district or taluq.
headquartered in India. Its objectives are
The aided person must:
The request can be made to:
to promote the practical realisation of
l comply with directions given by the
- the Senior Civil judge nominated as
human rights in the Commonwealth.
Secretary of the Legal Services
the chairperson of the Mandal/Taluq
CHRI educates on human rights issues
Authority;
Legal Services Authority;
and advocates for greater adherence to
l attend the office of the committee or
- the Secretary, District Legal Services
human rights standards.
Court as well as of the advocate
Authority at the district level;
assigned, as when required;
- the Secretary, High Court Legal Presently it is working in the following
l furnish full and true information to the
Services Committee at the state level; areas:
advocate rendering legal service; and
- the Secretary, Supreme Court Legal
J Police Reforms
l not pay any fee or expenses to the
Services Committee at the higher
advocate rendering legal service. J
level; Prison Reforms
J
- the member secretary of the state Human Rights Commissions
J
legal services authority; Right to Information
Lok Adalats
J
- the magistrate before whom s/he is Human Rights Advocacy
Lok Adalats are judicial bodies set up J
produced; or Constitutionalism
for the purpose of facilitating peaceful J
- the custodial authorities, if under Biennial Report to the Commonwealth
resolution of disputes between the
detention. heads of Government meeting on
litigating parties. They have the powers
Human Rights Issues.
of an ordinary civil court, like
How to Approach?
summoning, examining evidence etc.
- A written application can be made to
the concerned authority (See Annexure Its orders are like any court orders, but
I for proforma of the application form) the parties cannot appeal against such
- Where the person cannot read or orders. Lok Adalats can resolve all
write, the legal services authority will matters, except criminal cases that
record his/her statement along with are non-compoundable.
thumb impression. Such a statement
Either one or both the parties to
is treated as an application.
litigation can make an application to
- The person who claims legal aid has
the court for transferring the case to a
to file an affidavit of his income. Commonwealth Human Rights Initiative
lok adalat. N-8, Second Floor, Green Park (Main)
Steps involved in the process: New Delhi-110016, India
Where no compromise or settlement
Phone : 91-11-26864678, 26850523, 26528152
l The eligibility criteria and the merits is made by the lok adalat, such a case Fax : 91-11-2686 4688
of the case are examined. is transferred to the court and that E-mail : chriall@nda.vsnl.net.in
l If the application for legal aid is rejected, court deals with the litigation from the Website : http://www.humanrightsinitiative.org
reasons shall be duly recorded and stage the lok adalat had reached.
also informed to the applicant. Prepared by : Aravinda Kosaraju