Mar 4, 2022

Police Stations must have display boards with legal aid details

 

Justice UU Lalit who is not only a judge in the Supreme Court of India but also the Executive Chairman of the National legal Services Authority mentioned during an event that police stations in the country must have display boards informing about the right to legal aid and the availability of free legal aid services. 

 

What is cost-free legal aid?

Free legal aid means providing legal services, free of cost, to certain sections of the society. To ask for legal aid, you have to be eligible to apply for it. You can get free legal aid when:

  • You cannot afford to pay or engage a lawyer to represent you in Court or for any other purpose. For example you can get legal aid when you are appealing your sentence, or if you are appearing in front of the Magistrate for the first time etc.
  • You want legal advice, legal services or legal steps to take for a problem.
  • You need help with getting legal documents ready.
  • You need help to pay court fees for a case or any other fee required for legal processes
  • You want to apply for compensation or get money through the Court.

 

Can someone disallow me from applying for legal aid?

No, you have a constitutional and fundamental right to legal aid, which means that the state is constitutionally bound to provide legal aid to you at all stages i.e. not only at the stage of trial but also when you are first produced before the Magistrate or let off on bail, etc. Legal aid authorities cannot deny you this right stating excuses or reasons  like the fact that you did not ask for help or that the authorities have financial or administrative constraints. If you are eligible for legal aid, you have every right to get it. 

 

Where do you go to apply for legal aid?

You can approach the following authorities for applying for legal aid

  • State Legal Services Authorities – They are in charge of governing and providing legal aid services in their particular state and governing the same at the District and Taluk level. For example, in New Delhi it is known as the Delhi State Legal Services Authority. Read here to see the list of state authorities. 
  • District Legal Services Authorities – The powers and functions of this Authority are determined by the respective State Legal Service Authority and providing legal aid in the district. Generally,  you can approach this authority if you require help and support, to submit an application for legal aid, etc. and they will be able to direct you. It coordinates the activities of the Taluk Legal Services Committee and other legal services in the District,  organizes Lok Adalats, etc. 
  • Supreme Court Legal Services Committees – Its functions include receiving applications for legal services, maintaining a panel of advocates to provide legal advice, determining costs related to legal services, etc.
  • High Court Legal Services Committees – Its functions are the same as the, but they are to be performed at the state level and these functions have been prescribed by the state authority. 

 

How can you apply for legal aid?

 

When you apply for legal aid, you will necessarily require these documents:

  • A proof of identification like Aadhar Card, Passport etc.  
  • An affidavit proving you are eligible for legal aid. For example, if you are claiming that you are eligible because your income is below the specified level, then you will have to give an affidavit of your income as proof. 

 

Apart from the two documents given above, your nearest Legal Authority Office may ask you for more details, as the procedure varies across states. You can apply for free legal aid in four ways:

  • Online (Website)
  • Online (Email)
  • In person (Writing)
  • In person  (Orally/Speaking directly to the authorities)

 

To read more on how to apply for legal aid, read our explainer.

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