LEGAL-AID

ABOUT LEGAL AID

1.What is free legal aid?

The concept of free legal aid is based on the principle of guaranteeing equal access to justice for all. It aims at providing assistance to those  people who are, for various factors, unable to afford legal representation and access  to the justice delivery system including courts. For  that purpose, Section 12 of the Legal Services Authority Act,1987, enumerates certain sections of the society who are entitled to get free legal aid.

2. Who are eligible to get free legal aid?

As per section 12 of the Legal Services Authorities Act, the following persons are entitled for free legal services:

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

(b) A victim of trafficking in human beings or beggar 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 workmen; or

(g) In custody, including custody in a protective home within the meaning of clause 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 cases 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 is fixed as Rupees 3,00,000/- per annum in the state of Assam.

3.What is the nature & scope of the benefits provided under free legal aid?

As per the provisions of Assam State Legal Services Authorities Regulation 1998, legal aid be given in all or any of the following modes:

a. Representation by a legal practitioner in any legal proceeding;

b. Payment of court fee, process fees, expenses of witnesses and all other charges payable or  incurred in connection with any legal proceedings;

c. Preparation of appeal including typing and translation of documents in legal proceedings;

d. Drafting of legal documents.

e. Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.

The benefit of a free legal aid as mentioned above in a criminal or civil case and Quasi-judicial matter can be availed at any stage of the case/ matter as long as the petitioner is eligible to attain free legal services as per Section 12 of the Legal Services Authorities Act, 1987. Even if the Petitioner had privately engaged lawyer before and the petitioner desires to avail free services of lawyer under the free &

competent legal aid regulation at a subsequent stage of the trial or proceeding or even at the stage of appeal (and are eligible under Section 12), then also the same can be done by filing an application before the authority or court to avail the same.

PROCEDURE FOR AVAILING FREE LEGAL AID

1. Where to approach for availing free legal aid? 

An applicant has to approach any of the following authority depending upon the territorial and subject matter jurisdiction of the case, for availing free legal aid:

a. Taluk Legal Services Committee which is in the premises of the Court in that Taluk; orb

b. District Legal Services Authority which is in the premises of the District Court in the District Headquarters; or

c. The concerned State Legal Services Authority (for particular cases, panels of which are maintained at  State level);

d. The High Court Legal Services Committee which is in the premises of the concerned High Court; or

d. The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court.

In addition to the above, application for free legal aid can be made online by visiting online portal of NALSA (https://nalsa.gov.in/).

2. How to apply for free legal aid?

Application for free legal aid can be made either in the online or offline mode. For making an online application the applicant will have to visit the online portal of NALSA (https://nalsa.gov.in/) where a ready-made form/application is available. The application has to fill up the form online and submit the same as per instruction which appears in the webpage. In the alternative, an applicant can visit the nearest Legal Services Authority and submit the application physically. The application needs to be written in FORM-B as provided in the Assam State Legal Services Authorities Regulation 1998 with the necessary details such as applicant’s name, gender, residential address, employment status, nationality, whether SC/ST (with certificate/proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc. For writing the application, assistance of Para Legal Volunteers or officials available at the Legal Services office can be taken by the applicant.

3. No requirement of fees or expenses.

There is absolutely no charge for making an application to avail free legal aid. Also, 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 and the applicant is not required to pay any kind of charges or fees.

4. Timings for availing free legal aid.

An applicant intending to avail free legal aid can visit the office of District Legal Services Authority at any time in the working days during office hours i.e., 10:00 A.M to 05:00 P.M. However, the online application can be filed at any time of the day or night through this app or in the online portal of “nalsa”.

PROCEDURE AFTER APPLICATION

1. Steps taken by legal services authority upon receipt of application: 

After receipt of an application, the concerned legal service authority scrutinizes the same for deciding as to whether the applicant deserves legal aid or advice in the light of the provisions of Assam State Legal Services Authorities Regulation 1998. The decision of the authority in this respect is final. The concerned legal services authority then informs the applicant about its decision regarding grant or rejection of free legal aid. If the application is allowed, then a Certificate of Eligibility is issued to the applicant (beneficiary) entitling him to legal aid or advice in respect of the proceeding concerned. The applicant (beneficiary) then needs to appear in the office of the legal services authority to execute an agreement in FORM-D of the regulation agreeing that in the event of the court passing a decree or order in his favour awarding costs or other monetary benefit or advantage to him, to repay, by way of reimbursement to the authority all costs, charges and expenses incurred by the authority in giving legal services to him. For facilitating such reimbursement, the applicant shall also execute an irrevocable power of attorney in FORM – E authorising the secretary of the authority to do all such acts and things as may be necessary for recovering or realizing the amount decreed, awarded or ordered to be paid to the applicant (beneficiary). The applicant, if desires can meet the assigned lawyer at the office of the legal services authority on the day of executing the aforesaid documents. The applicant (beneficiary) shall also attend the office of the authority as and when required by the said authority or the legal practitioner rendering legal service to the applicant and shall also attend court as and when required at his own expenses.

2. Time required for granting legal aid.

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. Similarly, as per regulation 38 of the Assam State Legal Services Authorities Regulation 1998, an application for free legal aid shall be processed as early as possible and preferably within one week.

 3. Procedure for informing the applicant about grant/rejection of legal aid application?

An applicant is informed in the following ways regarding decision of the legal services authority allowing or rejecting the legal aid application:

a. 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.

b. 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. 

c. 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.

4. When can legal aid be denied or withdrawn?

As per regulation 36 of the Assam State Legal Services Authorities Regulation 1998, legal aid shall not be given in the following cases, namely-

(i) Proceeding wholly or partly in respect of

(a) defamation, or

(b) malicious prosecution;

(ii) Proceeding relating to any election;

(iii) Proceeding incidental to any proceeding referred to in items No. (i) or (ii) or both;

(iv) Proceeding in respect of offences punishable with fine only;

(v) Proceeding in respect of economic offences and offences against social laws such as the protection of Civil rights, Act, 1955, the Suppression of Immoral Traffic in Women and Girls Act, 1956 etc.;

(vi) Where a person seeking legal aid-

(a) Is concerned with the proceeding only in representative or official capacity; or

(b) Is concerned only with the proceeding jointly with other person or persons, whose interests are identical with the interest of such a person, or any of such person is adequately represented in the proceeding; or

(c) Is only a formal party to the proceeding, not materially concerned in the outcome of the proceeding and his interests ate not likely to be prejudiced on account of absence of proper representation. In addition to the above, Legal aid can be denied if a person is found ineligible under Section 12 of the Legal Services Authorities Act, 1987

Further, legal aid can also be withdrawn at the later stage after the application has been accepted and legal aid has been provided. Legal aid can be withdrawn in the following circumstances:

a. Legal aid can be withdrawn if the aided person who applied under the income category is found to possess sufficient means;
 
b. Legal aid can be withdrawn where the aided person obtained legal services by misrepresentation or fraud;
 
c. Legal aid can be withdrawn where the aided person does not cooperate with the Legal Services Authority/Committee or with the legal services advocate;
 
b. Legal aid can be withdrawn where the person engages a legal practitioner other than the one assigned by the Legal Services Authority/Committee;

c. 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;

d. 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.

5. Redressal of Grievances regarding legal aid.

If an applicant is not satisfied with the conduct of the lawyer assigned then he/she can inform his grievances formally to the authority that assigned the lawyer by:

a. Writing a simple paper application and submitting the same to a Legal Services Authority;

a. Writing an email to the appropriate authority ;

However, it must be ensured that the applicant describes the problem faced with the 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.

DATA OF LEGAL AID PROVIDED BY DLSA, TINSUKIA TILL YEAR 2025.

A total of 3,270 persons were provided free legal aid by the District Legal Services Authority, Tinsukia till 2025.