Theme: Courts

Can my 5 or 6 year old child be seen as a criminal in the eyes of the law?

Children under 7 years are completely excluded from being prosecuted under criminal law, and children between ages 7 to 12 are excluded if the courts thought that they did not understand the consequence of their actions. The term used in such cases is ‘doli incapax’ which means a child is incapable of understanding the consequences of a crime.

What jail are minors sent to?

While the inquiry is going on, minors can only be detained in Observation Homes or a Place of Safety. The Board has to tell them how long you will be detained in the order. To know which institution is denoted an ‘Observation Home’ or a ‘Place of Safety’, information can be obtained from the relevant State Government website.

How does the Board decide when to detain me?

The Board has the power to detain you, though in most cases you get bail. If the Board decides to allow for your release on bail, your parents or guardians are supposed to submit an undertaking in a certain form. If you are unable to satisfy the bail conditions for a week, then the Board is required to modify these to help you. The Board may decide to deny bail if this is against your interests. For instance, if this would bring you into contact with criminals or expose you to moral, physical or psychological danger.

Can the police arrest me without telling my parents?

The police have a duty to tell your parents or guardians why you have been arrested. They can ask the police for the charges under which you have been arrested.

If the police have registered an FIR (or first information report), they have a duty to give your parents or guardians a copy of this FIR. An FIR is the document prepared by the police when they get any information about a crime that has occurred.

How long can the police hold a child in jail?

A child can never be kept in a police lockup or regular jail. The police must bring you before the Board within 24 hours of apprehending/detaining you. If the police do not release you immediately on bail, you can only be kept in an Observation Home until you are taken to the Board (within 24 hours). The police are also supposed to inform a child welfare officer who is supposed to accompany you to the Board for the first hearing.

Can children be arrested?

Yes, the police can arrest children if they believe they have committed a crime. Typically, police stations will have a child welfare protection officer and in each district and city, there will be at least one special juvenile police unit. When the police arrest a child on suspicion of committing a crime, this should normally be done by a Special Juvenile Police Unit. If a regular police officer arrests the child, then the child should immediately be placed under the care of the Juvenile Police Unit, or a designated Child Welfare Police Officer.

The police can also arrest children who have run away from an institution where they were placed under the Juvenile Justice Act, such as an Observation Home, Special Home or Place of Safety.

In certain circumstances (for example, with respect to habitual thieves), the Magistrate can order that adults be detained in prison if they do not execute a bond for good behaviour or peace. Even though arrests of children are allowed, the Magistrate cannot order a similar detention with respect to children.

What are the guidelines to arrest a minor?

India’s legal framework gives special treatment and protection to children below the age of 18 who are in conflict with the law or who commit crimes. Every district has one special juvenile police unit (SJPU) and regular police stations have a Child Welfare Protection Officer (CWPO). Usually, the SJPU has the power of arresting juveniles. In case, A normal police officer arrests the child, the child shall be immediately placed under the protection of the SJPU or the CWPO.(( The Juvenile Justice (Care And Protection Of Children) Act, 2015 NO. 2 OF 2016.)) The child shall continue to remain under the protection of CWPO, who shall be responsible for the child just as a parent/guardian, before the child is brought to the Juvenile Justice Board (JJB) within 24 hours of his/her arrest. In case, the child cannot be produced before the Board due to the child being arrested during odd hours or distance, the child shall be kept by the CWPO in the Observation Home or in a fit facility.

After the arrest is made, the following guidelines are to be followed by the officers to ensure the welfare of Juveniles.

  1. No FIR shall be registered except in cases of heinous offences or where a crime is alleged to have been committed jointly with adults. In all other cases, the alleged offence shall be recorded in the officer’s daily diary.
  2. The arresting officer shall be in plain clothes and not in uniform while arresting the child.
  3. The officer arresting the child shall not place him or her in handcuffs, chain or use force on the child.
  4. The child shall be informed about the reason for the child’s arrest.
  5. The child shall not be placed in a police lock-up or lodged in the jail.
  6. The child shall not be asked to sign any statement.
  7. The CWPO or the SPJU shall inform the parent or guardian of such a child about the child’s arrest and provide them with the address of the JJB before which the child is to be produced  and direct them to be present before the JJB.
  8. A child shall not be forced to confess and shall be interviewed only at the SJPU or at a child friendly premises or a child friendly corner in the police station which does not give the feel of a police station.

The child should be provided with proper medical assistance, assistance of an interpreter or a special educator or any other assistance that the child may require.(( Ministry Of Women And Child Development Notification, Ministry of Women and Child Development, (2016) available at http://cara.nic.in/PDF/english%20model%20rule.pdf.))

Guide on Applying for Legal Aid

How can the guide help you?

The Nyaaya Guide on Applying for Legal Aid helps citizens understand how to obtain legal services free-of-cost from Legal Services Authorities in India. This includes information on online and offline application for legal aid along with eligibility criteria to request legal aid. It is important for the citizens to understand how to apply for legal aid so as to ensure that the opportunities for securing justice are not denied to any citizen by reason of economic or other disability.

What are the laws discussed in the guide?

The Nyaaya Guide on Application for Legal Aid discusses the law on legal aid outlined in the Constitution of India1, 1950, Code of Criminal Procedure, 19732, Code of Civil Procedure, 19083 and Legal Services Authorities Act, 1987.

Things to Remember

BEFORE APPLYING

Free Legal Aid includes:

  • An Advocate representing you in court or other legal proceedings. 
  • Legal Services Authority paying process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings. 
  • Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings.
  • Drafting of legal documents etc. 
  • Supplying certified copies of judgments, orders, notes of evidence and other documents in legal proceedings. 
  • Giving aid and advice regarding welfare laws and schemes in India.

What is Legal Aid?

Free legal aid is the provision of free legal services5 in civil and criminal matters for poor and marginalized groups who cannot afford the services of a lawyer for 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).

Who can apply for Legal Aid?

  1. A member of a Scheduled Caste or Scheduled Tribe. 
  2. A victim of trafficking in human beings or begar. 
  3. A woman or a child.
  4. A person with a mental illness or a person with a disability. 
  5. A person who is a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster.
  6. An industrial workman8. 
  7. In custody, including custody in a protective home9, juvenile home10 or in a psychiatric hospital or psychiatric nursing home.

What are the income limits for people seeking Legal Aid?

Any person who applies for legal aid can only be eligible for seeking legal aid if they earn below a certain income limit depending on the state in which they live. Given below are the income limits for states:

S. No.  Income Ceiling Limit (Per Annum)  States/ Union Territories
1 Rs 3,00,000 Andhra Pradesh, Assam, Goa, Haryana, Himachal Pradesh, Jharkhand, Kerala, Maharashtra, Manipur, Odisha, Punjab, Sikkim, Tamil Nadu, Uttarakhand, Andaman & Nicobar Islands, Chandigarh UT
2 Rs 1,50,000 Bihar, Chhattisgarh, Rajasthan, Tripura
3 Rs 1,00,000 Arunachal Pradesh, Gujarat, Jammu and Kashmir, Karnataka, Madhya Pradesh, Meghalaya, Nagaland, Telangana, Uttar Pradesh, West Bengal, Daman & Diu, Puducherry
4 Rs 25,000 Mizoram
5 Rs 15,000 Dadar and Nagar Haveli UT
6 Rs 9,000 Lakshadweep
7 General -Rs 1,00,000
Senior Citizen- Rs 2,00,000
Transgender -Rs 2,00,000		 Delhi

Where can you seek legal aid?

You may approach the following authorities for legal aid: 

  1. Taluk Legal Services Committee which is in the premises of the Court in that Taluk.
  2. District Legal Services Authority (DLSA) which is in the premises of the District Court in the District Headquarters.
  3. The concerned State Legal Services Authority (SLSA) (for 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. 
  5. The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court.

Each DLSA, High Court Legal Services Committee and SLSA has a front office13 where an application can be moved. The front office is a room in the legal services authority where legal services are made available.

What are the documents required for filing an application?

To apply for legal aid, you will require the following documents: 

  • A proof of identification such as an Aadhar Card, Passport etc. 
  • An affidavit proving your eligibility for legal aid. For example, if they are claiming they are eligible because their income is below the level specified, then they must give an affidavit of their income, as proof.
  • In addition to the above documents, there may be some additional documents required in your state. Consult the nearest legal services authority to ask for more details on the documents required.

How to File An Application

 IN-PERSON & ONLINE

You can file an application for legal aid in two ways: In-Person and Online.

How do you file a legal aid application in person?

Follow the steps given below to file the application in person:14 

  • Go to the front office of the nearest legal services authority in your district.
  • If you want to approach your State’s legal services authority, go to their front office during the office hours. 
  • Fill up the ready-made application form available at the legal services authority.
  • You can also make an application in writing on a simple piece of paper with the necessary details such as their name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support in the form of a certificate), income per month (with affidavit), the case for which legal aid is required and reason for seeking legal aid. 
  • You can submit the filled-out application in person at the front office or through post.
  • A paralegal volunteer or an officer of the authority will guide you on the next steps to be taken, clarification or other documents required.

How do you file an online legal aid application?

Follow the steps given below to file the application online:

  1. Go to the National Legal Services Authority’s Legal Services Management System
  2. Click on ‘Lodge Application Form’ for legal services.
  3. Change the language of the application by clicking on the Hindi/English button on top left side of the form.
  4. Choose the Legal Service Authority where you plan to file an application to.
  5. Choose the State, District or Taluk where you want to file the application to.
  6. Fill the nature of the legal problem and choose options given in the drop down including law and order, retirement dues, revenue/land/tax, social evils etc. will be available.
  7. Fill in the summary of the problem for which you are applying for legal aid.
  8. Add personal details like name, gender, case, caste certificate, annual income etc.
  9. Enter details related to any previous cases like case type, case no., court type etc.
  10. Attach documents if you have case or additional information and click on Submit
  11. Obtain a Diary Number which can be used by you to track the application in the future.

Can the application be emailed?

Yes. You can send the application via email to NALSA at nalsa-dla@nic.in. Ensure the necessary details are mentioned in the email – name, gender, residential address, employment status, nationality, whether SC/ST (with proof in the form of a certificate), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.

How is the legal aid application processed?

Once you submit the application, the legal services authority will:16 

  • Scrutinize the application to determine next steps
  •  Within 7 days of receiving the application, accept or reject the application
  • Inform you at your residential address or email address or if the application was made online, update the status. You can track the status using the diary number obtained.
  • If the application is accepted, give you information on the lawyer assigned.
  • Give a letter of appointment (vakalatnama) to you and the lawyer and the applicant.

Denial & Withdrawal of Legal Aid

Can the Legal Aid be denied or withdrawn later?

Legal Aid can be denied at two stages – at the initial stage before the application for legal aid is accepted and the later stage after the application has been accepted and legal aid has been provided.

Legal aid can be denied or withdrawn if the applicant: 

  • Is ineligible to apply for legal aid18 
  • Is above the income limit given by states
  • Obtains legal services by misrepresentation or fraud 
  • Does not cooperate with the Legal Services Authority or with the legal services advocate 
  • Engages a legal practitioner other than the one assigned by the Legal Services Authority • Event of death of the applicant, except in the civil cases where the rights or liability survive 
  • Abuses the process of law or of legal services

How do you file an appeal?

The application for legal services will be scrutinized by the Member-Secretary or the Secretary19 of the Legal Services Authority.20 If you are aggrieved by the decision made, you have the option to appeal to the Executive Chairman or Chairman of the Legal Services Authority and the decision resulting from the appeal would be a final one.

Making a Complaint
AGAINST LAWYERS OR LEGAL SERVICES AUTHORITY

Where do you file a complaint?

You can file a complaint to an authority higher to the one in which they have filed an application, in the order mentioned below:

National Legal Services Authority

↓

State Legal Services Authority

↓

District Legal Services Authority

↓

Taluk Legal Services Authority

How do you file a complaint about the conduct of the lawyer assigned?

If you are unhappy with the conduct of the lawyer assigned, you can make a formal complaint to the authority that assigned the lawyer by: 

  1. Writing a simple paper application and submitting the same to a Legal Services Authority 
  2. Writing an email to the appropriate authority or NALSA (at nalsa-dla@nic.in) 
  3. Accessing the “Grievance Redressal” option on NALSA website or the respective website of the authority that assigned the lawyer. 

Please ensure that the complaint describes the problem that you are facing with the lawyer.

RESOURCES

Contact Information:

Contact Details for National Legal Service Authority

Name & Address Contact Details
National Legal Services Authority

12/11, Jamnagar House, Shahjahan Road, New Delhi-110011 Office: 011-23385321,23382778

 E-mail: nalsa-dla@nic.in

Website: www.nalsa.gov.in

Fax: 23382121
Supreme Court Legal Services Committee

109, Lawyers Chambers Post Office Wing, Supreme Court Compound,

NEW DELHI – 110 001

 Office: 011-23073970; 23388313; 23381257

Email: sclsc@nic.in

Website: www.sclsc.nic.in

Fax: 23073970, 23388597

Contact Details for State and UT Legal Service Authority

Name and Address Contact Details
Andhra Pradesh State Legal Services Authority,
Ground Floor, Interim Judicial Complex, High Court Andhra Pradesh,
Nelapadu, Amaravathi,-522 237
Guntur District, Andhra Pradesh		 Office: 0863 2372760

E-mail: apslsauthority@yahoo.com

Website: http://www.apslsa.ap.nic.in/
Arunachal Pradesh State Legal Services Authority,
Chief Minister’s Old Office Building, Niti Vihar,
Itanagar, P.O. Itanagar,
District Papum Pare, Arunachal Pradesh – 791111		 Office: 0360 -2310999/2310116/2310117

Toll Free No.: 15100/18003453153

E-mail: apslsa2013@rediffmail.com

Website: www.apslsa.org
Assam State Legal Services Authority,
1st Floor, Behind Gauhati High Court New Block,
GUWAHATI – 781 001		 Office: 0361-2601843/2516367

E-mail: aslsa@gmail.com, assamslsa@ gmail.com

Website: https://aslsa.assam.gov.in/
Bihar State Legal Services Authority,
Opposite Patna Museum, Buddha Marg
PATNA – 800 001.		 Toll Free No. 15100 Nyaya Samadhan No: +918709901744

E-mail: bslsa_87@yahoo.in

Website: http://patnahighcourt.gov.in/ bslsa/

Registrar: 0612-2230943

Fax: 0612-2508390
Chhattisgarh State Legal Services Authority,
Old High Court Building, Bilaspur
Chhattisgarh– 495001		 Office: 07752-410210

E-mail: cgslsa.cg@nic.in, cgslsa@gmail. com

Website: http://cgslsa.gov.in/
Goa State Legal Services Authority,
New High Court Building, Lyceum Complex, Altinho,
Panaji Goa – 403 001		 Office: 0832-2421169, 2421169, 2431910, 2224126

E-mail: reg-high.goa@nic.in

Website: www.slsagoa.nic.in
Gujarat State Legal Services Authority,
Gujarat High Court Complex,
Sola, Ahmedabad		 Tele/Fax : 079-27664964, 079-27665296

Toll Free No.: 1800-233-7966

E-mail : msguj.lsa@nic.in

Website: https://gujarathighcourt.nic.in/ gslsa
Haryana State Legal Services Authority,
Institutional Plot No.9, Sector-14,
Panchkula (Haryana)-134109		 Office: 2561309 Helpline No.: 18001802057

E-mail: hslsa.haryana@gmail.com

Website: http://hslsa.gov.in/ Fax: 0172-2583309
Himachal Pradesh State Legal Services Authority,
Block No.22, SDA Complex, Kusumpti,
SHIMLA – 171 009		 Office: 0177- 2623862

E-mail: mslegal-hp@nic.in

Website: https://himachal.nic.in/

Fax:: 2626962
J&K State Legal Services Authority,
Winter Address: (Nov to March) JDA Complex, Janipura, JAMMU-180007
Summer Address: (April to October) Old Secretariat, Srinagar		 Office Jammu: 0191- 2546753 2564764

Office Srinagar : 0191- 2450644, 2480408

Website: http://www.jkslsa.gov.in/
Jharkhand State Legal Services Authority,
“NYAYA SADAN” Near AG Office,
Doranda, Ranchi – 834002		 Office: 0651-2481520

E-mail: jhalsaranchi@gmail.com, jhalsa_ ranchi@yahoo.co.in

Website: http://jhalsa.org/

Fax: 2482397
Karnataka State Legal Services Authority,
Nyaya Degula, 1st Floor, H.Siddaiah Road,
Bangalore – 560027		 Office: 080-22111729, 22111714

Toll free No.: 1800-425-90900

E-mail: karslsa@gmail.com mskar-slsa@ hck.gov.in

Website: https://kslsa.kar.nic.in/index.html

Fax: 22112935
Kerala State Legal Services Authority,
Niyama Sahaya Bhavan, High Court Compound,
Ernakulam, KOCHI – 682 031		 Office: 0484-2396717

E-mail: kelsakerala@gmail.com

Website: www.kelsa.nic.in
Madhya Pradesh State Legal Services Authority,
C-2, South Civil Lines, Pachpedi,
Jabalpur 482001		 Office: 0761-2678352, 2624537

Toll Free No. : 15100

E-mail: mplsajab@nic.in

Website: http://www.mpslsa.gov.in/

Fax: 2678537
Maharashtra State Legal Services Authority, 1
05, High Court, PWD Building,
Fort, MUMBAI – 400 032		 Office: 022-22691395 / 2263 1358

E-mail: mslsa-bhc@nic.in

Website: legalservices.maharashtra.gov.in

Fax: 022-2267 4295
Manipur State Legal Services Authority,
ADR Centre, Lamphel Court Complex,
Lamphelpat-795004
Imphal West District, Manipur		 Office: +91-9436239669, +91-9436239666

E-mail: maslsa.imphal@gmail.com

Website: https://maslsa.nic.in/

Fax: 2411461, 23926742
Meghalaya State Legal Services Authority,
R.No.120, MATI Building, Additional Secretariat,
SHILLONG – 793 001		 Office:0364-2501051,2336619

E-mail:mslsashillong@gmail.com

Website: https://mslsa.gov.in/

Fax: 2336618,2500064
Mizoram State Legal Services Authority,
Junior Judges Quarters Building, New Capital Complex,
Khatla, Aizwal, Mizoram		 Office: 0389-2336621

E-mail: mizoramslsa@gmail.com

Website: https://mizoslsa.mizoram.gov.in/

Fax: 2336619
Nagaland State Legal Services Authority,
KDPA Building, Top Floor, D.C. Office Compound,
KOHIMA – 797001		 Office: 0370-2290153

Helpline: 0370-2292144

E-mail: nslsa.nagaland@gov.in

Website: https://nslsa.nagaland.gov.in/
Orissa State Legal Services Authority,
S.O. Quarter No.20, Cantonment Road,
Cuttack -753 001		 Office: 0671-2307678, 2304389

Helpline No:-0671-2307071

E-mail: oslsa1997@gmail.com

Website: https://oslsa.nic.in/

Fax: 2305702
Punjab State Legal Services Authority,
Site No.126,Opposite GMADA Community Centre, Sector 69, S.A.S.Nagar, Mohali		 Office: +91-172-2216690,2216750

Toll Free No.: 1968

E-mail: ms@pulsa.gov.in

Website: https://pulsa.punjab.gov.in/
Rajasthan State Legal Services Authority,
Rajasthan High Court Building,
Jaipur – 302 005		 Office: 0141-2227481

E-mail: rj-slsa@nic.in

Website: http://www.rlsa.gov.in/

Fax: 227602
Sikkim State Legal Services Authority,
Development Area, Gangtok,
East Sikkim-737101		 Office: 03592-207753

Helpline No.: 03592-205377

E-mail: sikkim_slsa@live.com

Website: http://sikkimslsa.nic.in/
Telangana State Legal Services Authority
IInd Floor, C-Block, High Court Premises,
Hyderabad – 500 066		 Office: 040-23446725

E-mail: telenganaslsa@gmail.com

Website: http://tslsa.telangana.gov.in/

Telefax : 040-23446723
Tamil Nadu State Legal Service Authority,
North Fort Road, High Court Campus
Chennai – 600104.		 Helpline No.: 044–25342441 (From 10 am to 6 pm-on all working days)

Toll Free No.: 1800 4252 441 (From 10 am to 6 pm – on all working days)

E-mail: tnslsa@dataone.in , tnslsa@gmail. com

Legal Assistance Establishment:
Helpline No.: 1516

Telephone No. : 044 – 25343363

Email ID.: tnslsa.lae@gmail.com

Mobile No.: 94450 33363

Website: http://www.tnlegalservices. tn.gov.in/
Tripura State Legal Service Authority,
East Bank of Malarmath Dighi Agartala,
Tripura (W) – 799001		 Office: 0381-2322481

Toll Free No.: 1516

E-mail: salsatripura@gmail.com

Website: https://slsa.tripura.gov.in/

Fax: 0381-231-0444
Uttar Pradesh State Legal Services Authority,
3rd Floor, Jawahar Bhavan Annexe,
Lucknow – 226 001		 Office: 0522-2286395,2286265

Helpline Toll Free No.:1800-419-0234

E-mail: upslsa@nic.in

Website: http://upslsa.up.nic.in/

Fax: 0522-2287972,2286260
Uttarakhand State Legal Services Authority,
Glenthorn Building, High Court Complex, Nainital,
Uttarakhand-263002		 Office: 05942-236762

E-mail: highcourt_ua@nic.in

Website: https://slsa.uk.gov.in/

Fax: 236552
West Bengal State Legal Services Authority,
City Civil Court Building (1st Floor), 2 & 3,
Kiron Sankar Roy Road, KOLKATA – 700 001		 Office: 033-22483892/22484235

E-mail: wbstatelegal@gmail.com

Website: http://www.wbja.nic.in/
Andaman & Nicobar Islands,Secretariat,
A&N Administration,
PORT BLAIR – 744 101		 E-mail: andslsa2013@gmail.com, secylaw2016@gmail.com
UT Chandigarh State Legal Services Authority,
Union Territory of Chandigarh, Additional Deluxe Building, Ground Floor, Sector 9-D, Chandigarh – 160009		 Office: +91-172-2742999

Toll Free No.(Legal Assistance Establishment): 1516

Mobile No.(24×7 Free Legal Advice): +91 7087-112-384

E-mail: slsa_utchd@yahoo.com

Website: http://chdslsa.gov.in/ Fax: 2742888
UT Dadra & Nagar Haveli Legal Services Authority,
District & Sessions Court, Tokarkhada, Silvassa,
Dadra and Nagar Haveli (U.T.)Pin – 396 230		 Office: 0260 – 2641337 / 2644452

Helpline No.: 0260 – 2630175

E-mail: reg.slsa-dnh@gov.in

Website: http://slsa.dnh.nic.in/

Fax: 079-2641334
Daman & Diu Legal Services Authority,
Moti Daman – 396220		 Tele/ Fax No.: 0260-2230221

Helpline No.: 0260-2230087

E-mail: damanourt@gmail.com

Website: https://daman.nic.in/ slsadamandiu/
Delhi State Legal Services Authority,
Pre-fab Building, Patiala House Courts,
NEW DELHI – 110 001		 Help Line: 1516 (24*7), 9870101337, 011- 23071265

E-mail: dslsa-phc@nic.in, lae-dslsa@gov.in

Website: http://dslsa.org/
Lakshadweep State Legal Services Authority,
District & Sessions Judge, Lakshadweep,
KAVARATTI ISLANDS – 682 555		 Office: 04896-262323, 263138

E-mail: lakshadweepjusticeforall@gmail. com, veebhaskr@gmail.com, lslsa-lk@ nic.in

Website: http://lakshadweepforum.com/ kelsa.php
U.T. of Puducherry Legal Services Authority,
No.3, Lal Bahadur Shastri Street,
Puducherry-605 001		 Website: https://districts.ecourts.gov.in/ puducherry/pondicherry-legal-servicesauthority

Checklists

  1. Check whether the applicant is eligible for free legal aid.
  2. Ensure the applicant has all the relevant documents required for seeking legal aid.
  3. Decide the mode in which application should be filed – online or offline.
  4. Look for the nearest Legal Services Authority if the offline mode is chosen.
  5. Approach the front office of the concerned Legal Services Authority to get the legal aid application form, to seek legal advice, to know status of the case and for any further legal assistance.

Glossary

Front Office: Front office means a room in the Legal Services Institution where legal services are made available. In the Front office are deputed Retainer Lawyers, Para Legal Volunteers (PLVs) and Panel Advocates. An individual may seek Legal advice from the front office. Further the front office drafts applications, petitions, replies etc, it has a record of legal aid applications, it uploads legal aid applications on the website of National Legal Services Authority (NALSA), it updates the applicants about particulars of a Panel lawyers marked for their matter and also updates them regularly about the status of their case.

National Legal Service Authority: The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.

State Legal Service Authority: In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.

Begar: This is a form of forced labour which means involuntary work without any remuneration. In other words, it can be said that a person is compelled to work against his will without being paid for it.

Workman: Any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work.

Sources of Information

  1. Claiming Free Legal Aid / Application Procedure, National Legal Services Authority, available at https://nalsa.gov.in/services/legal-aid/claiming-free-legal-aid-application-procedure
  2. Getting Started Guide, National Legal Services Authority, available at https://nalsa.gov.in/lsams/pdf/NALSA-Getting_Started_Guide_0.1.pdf
  3. Websites of State Legal Services Authorities, National Legal Services Authority, available at https://nalsa.gov.in/home
  4. Front Office Guidelines, National Legal Services Authority, available at https://nalsa.gov.in/acts-rules/guidelines/front-office-guidelines
  5. Legal Aid, Nyaaya, available at https://nyaaya.redstart.dev/topic/legal-aid/
  6. FAQs, National Legal Services Authority, available at https://nalsa.gov.in/faqs
  7. The National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 available at https://nalsa.gov.in/acts-rules/regulations/national-legal-services-authority-f ree-and-competent-legal-services-regulations-2010

Juvenile Justice Board

The Juvenile Justice Board is the body that deals with children who have been accused of committing a crime. They are expected to help the child who has committed the crime by:

  • Dealing with the child in the least intimidating and most child-friendly manner possible
  • Ensuring that the child is fully informed so that they can participate in the legal process
  • Ensuring access to legal aid for the child
  • Providing a translator/interpreter if the proceedings are happening in a language that the child does not understand
  • Providing care to the child who has committed the crime by involving the Child Welfare Committee in the matter

FIR Registration

Please see our classification of crimes to understand if an FIR needs to be registered.

Petty Offences: No registration of an FIR is required.

Serious Offences: No registration of an FIR is required (They are supposed to record it in the general diary along with the social background report for these two types of offences).

Heinous Offence: An FIR needs to be filed against a child.

Arresting a child

There are certain rules the police have to follow while arresting a child offender. They are:

  • The police cannot handcuff or exert any force when they arrest a child
  • The police officer must immediately inform the parents or guardians
  • The police officer must tell the child the location of the Juvenile Justice Board where they will be taken.

Punishment for Children

The punishments for Petty Offences and Serious Offences can include:

  • Give the child a firm warning, then let them go home while simultaneously counselling the parents.
  • Ordering the child to attend group counselling sessions
  • Ordering the child to perform supervised community service
  • Ordering the child’s parents or guardians to pay a fine
  • Releasing the child on probation. The parents or guardians will have to pay a bond for up to 3 years that makes them responsible for the child’s behaviour. The responsibility can also be handed over to a ‘fit person’ or ‘fit facility,’ which is a person or government organization or NGO that is prepared to accept responsibility for the child.
  • Sending the child to a Special Home for up to 3 years.

If the Board thinks that keeping the child in the Special Home would be against their best interests or the best interests of other children in that home, then the child could be sent to a Place of Safety. The Board may also order the child to attend a school or vocational training, or prevent the child from going to a specified place.

The law focuses on making sure children are rehabilitated and the Board or the Children’s Court has to develop and oversee an Individual Care Plan to help this happen. An Individual Care Plan is a development plan addressing issues like health, nutrition, emotional, and educational needs.

Children’s Court

If the Board decides that a child should be tried as an adult after a Preliminary Assessment, it sends the case to a Children’s Court. The Children’s Court may be an existing Sessions Court that deals with child-specific laws, or a special court set up to deal with crimes under the Juvenile Justice Act. The Children’s Court may then do one of two things:

They may decide that the child must be treated as an adult for the trial, and then conduct a regular trial and pass final judgment. While the Children’s Court can generally pass the maximum sentence for a Heinous Offence (a sentence of more than 3 years), it cannot sentence the child to the death penalty or life imprisonment without the possibility of release.

They may decide that there is no need to try the child as an adult and may conduct an inquiry like the Board did, and pass orders under Section 18 of the Juvenile Justice Act.

In all proceedings, the Children’s Court must make sure the atmosphere is child-friendly. It must also ensure that the child is sent to a Place of Safety if they are detained during proceedings. If the child is found guilty of having committed a Heinous Offence, they will be sent to the Place of Safety until they are 21 years old, after which they can be sent to jail. The child should have access to services like education and skill development while they are at the Place of Safety.

Preliminary Assessment of a child’s crime

A preliminary assessment is conducted when a heinous offence is committed by a child over the age of 16. This is an attempt to find out whether the child was mature enough to understand their action and the consequences of them when they committed the crime. If the child was mature enough, the proceedings need to be conducted in the same way an adult would be. The Board can take the help of trained psychologists and experts to arrive at its conclusions but must complete the inquiry within 3 months.

 

What is Free Legal Aid?

Free legal aid means providing legal services, free of cost, to certain sections of the society like a beggar, differently-abled person, etc., as and when required. This does not mean that anyone can go and ask for legal aid. You have to be eligible to apply for it.

 

The purpose of providing legal aid is to ensure that no person is deprived of legal services and justice due to lack of money1. 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 sentence2, or if you are appearing in front of the Magistrate for the first time(( Khatri II Vs. the State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470.)) 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.

 

You have a constitutional right to legal aid3, 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 constraints4. If you are eligible for legal aid, you have every right to get it. 

 

Please note that this explainer only gives a general central overview of the procedures in relation to getting free legal aid, and the procedure varies across states. 

  1.  FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs. [↩]
  2. Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544. [↩]
  3. Article 22, 39-A, Constitution of India, 1950; Hussainara Khatoon v. Home Secretary, State of Bihar [(1980) 1 SCC 98]. [↩]
  4. Hussainara Khatoon v. Home Secretary, State of Bihar [(1980) 1 SCC 98] [↩]

What is Contempt of Court?

Contempt of court is any action or writing, meant to lower the authority of a court or a Judge or to interfere with the course of justice or the lawful process of the court. The Contempt of Court Act, 1971, defines contempt of court to include two kinds- civil and criminal contempt.(( Section 2(a), Contempt of Courts Act, 1971.)) A contempt proceeding is not a dispute between two parties, but rather a proceeding between the court and the person accused of contempt.1

Types of Contempt of Court 

Contempt of court can be broadly categorized into two – civil and criminal contempt. 

Civil Contempt

Civil contempt refers to:

  • Willful disobedience to any judgment, decree, direction, order or writ. For example, D disobeyed a court order to submit her financial records to the court in an ongoing case. This would be an instance of civil contempt. 
  • A willful breach of an undertaking or affidavit given to a court. For example, V submitted an affidavit to the court that she would return certain confidential papers to her employer within a week but failed to return it within that time period. This would be an instance of civil contempt.2The undertaking or affidavit given to the court can be in the form of a promise or a direction, based on which the court decides whether something was done or not.3) For example, not following an undertaking/affidavit where a person has promised to pay a certain amount of money to the court. The main intention of this law is to ensure that people uphold the sanctity of the judicial system and obey the directions given by the court.(( Subrata Kunda v Kshiti Goswami, Calcutta HC, 2010 (1) CHN 306.))

    Criminal Contempt

    Criminal contempt does not require the existence of a judgment, order, direction, decree, writ, or undertaking/affidavit. For criminal contempt, the law requires a publication or action or an attempt, which has any of the following consequences:

    1. Scandalises or lower the authority of any court. For example, if someone deliberately defames and raises their voice at a judge. 
    2. Prejudices, or interferes with any court or tribunal proceeding. For example, a false statement made against a judge for collusion in their capacity as a ‘judge’.
    3. Obstructs the administration of justice in any other manner.(( Section 2(c) , Contempt of Courts Act, 1971.))  For example, if a person stops municipal authorities who have been told by the Court to demolish a building. 

    The aim of criminal contempt is not to protect the court from insult, but rather to prevent dilution of the public’s faith in the courts.(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.)) 

 

  1. State of Maharashtra v Mahboob S. Allibhoy, Supreme Court, (1996) 4 SCC 411. [↩]
  2. Section 2(b), Contempt of Courts Act, 1971. [↩]
  3. Jayanta Roy v Howrah Parcel (Eastern Railway) Labour Contractor Mazdur Panchayat, Calcutta HC 2000 (1) CHN 884 (Cal [↩]

Rehabilitation of Children

The main aim of rehabilitation is to make sure that a child can be put back under the care of their parent or guardian.

If this is not possible, authorities have to make sure the child is put under the care of a child-care institution that is recognised under the Juvenile Justice Act. These institutions have many services to help to rehabilitate children.

The responsibility to care for children doesn’t end when they reach the age of 18 and leave their institution. Children leaving an institution can be given financial support to help them integrate back into society.

Legal Services

If you are looking for legal aid in India, then this includes a lot of legal services.(( Section 2(c), Legal Services Authority Act, 1987.)) Legal services are1 any service with respect to a case or any other legal proceeding before any Court, authority or tribunal. Getting legal advice is also a part of legal service. 

 

To get legal aid, you will have to approach a Legal Service Authority to whom you can ask for help for your situation.  You have a right to ask for any of the legal services given below(( FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs; Nature Of Free Legal Services, National Legal Service Authority, https://nalsa.gov.in/lsams/nologin/natureOfFreeService.action)):

  • Representation by a lawyer in legal proceedings. 
  • Payment of all costs including process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings. 
  • Preparation of memo of appeal, paper book including printing and translation of documents in legal proceedings.
  • Drafting of legal documents, special leave petitions etc.
  • Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
  1. Section 2(c), Legal Services Authority Act, 1987. [↩]

What does the law say you can/cannot do?

While anything that lowers the authority of the courts can be considered as contempt, there are certain exceptions given in the law. 

Innocent publication and distribution of matter

Under the law, if a publication, like a book or an article, tends to prejudice any pending court proceeding, such as publicly discussing unsubstantiated evidence, it will amount to criminal contempt.(( Rachapudi Subba Rao v Advocate General, Andhra Pradesh, AIR 1981 SC 755; Read with Contempt of Courts Act, 1971, Sections 2(c) (ii) & (iii))) However, the law itself gives certain exceptions where a publication will not amount to contempt on the grounds of prejudicing a pending proceeding. They are:

  • If at the time of publication, the publisher had no reason to believe that such a case was pending.(( Section 3(1), Contempt of Courts Act, 1971.))
  • If no court proceeding was pending at the time of publication.(( Section 3(2), Contempt of Courts Act, 1971.)) 
  • If the person is in charge of distributing something that may be seen as contempt and they did not know that it contained anything that would be prejudicial to an ongoing court proceeding.(( Section 3(3), Contempt of Courts Act, 1971.))
  •  However, this defence of ‘innocent distribution’ is not available for the press as the law gives certain criteria to be met for publishing books,(( Section 3, Press and Registration of Books Act, 1867.)) papers,(( Section 3, Press and Registration of Books Act, 1867.)) and newspapers(( Section 5, Press and Registration of Books Act, 1867.)). A person found distributing books, papers, or newspapers that have not met these criteria, will be guilty of contempt.(( Proviso to Section 3(3), Contempt of Courts Act, 1971.))

Fair and accurate reporting of a judicial proceeding

In India, trials and other judicial proceedings are generally held in open court and are subject to public scrutiny. This is required for a healthy, objective, and fair administration of justice.(( Naresh Shridhar Mirajkar v State of Maharashtra, AIR 1967 SC 1.)) This system relies on numerous reporters that accurately report the daily proceedings in a court. The law protects such legal reporting, provided that it is fair and accurate.((  Contempt of Courts Act, 1971, Section 4.)) 

The terms ‘fair and accurate, does not mean that the report should be a word-to-word reproduction of the proceedings. Rather, it should relay what has happened in the court,(( Borrie & Lowe, The Law of Contempt, LexisNexis Butterworths, 3rd Edn, p 270.)) and should not misrepresent the court proceedings before the public.(( Roach v. Garvan, (1742) 2 Atk 469.)) Unfair reporting that misleads the readers, is not protected by the law and would amount to contempt.(( E.T. Sen v E. Narayanan, AIR 1969 Del 201, at 213.)) For example, reporting or quoting an incorrect statement which was not made by a judge on social media.

 

In situations of in-camera trials, which take place in a closed room inside a court, certain forms of reporting may amount to contempt. Some examples of in-camera trials are cases of rape,(( Code of Criminal Procedure, 1973, Section 327(2))) matrimonial disputes,(( Special Marriage Act, 1954, Section 33 for example.))  etc, In such in-camera proceedings, the reporting of the proceedings, even if they are fair and accurate, will amount to contempt if:

  • Such publication is contrary to or against any existing law.(( Contempt of Courts Act, 1971, Section 7(1)(a).)) For example, reporting of the proceedings in rape trials or child sexual abuse trials are prohibited by law, and a person has to obtain the permission of the court in case they want to still report such matters.(( Code of Criminal Procedure, 1973, Section 327(3).))
  • The court has explicitly prohibited such reporting.(( Contempt of Courts Act, 1971, Section 7(1)(b).)) For example, in the evidence stage of a case involving national security or terrorism.
  • The court is conducting in-camera proceedings for reasons connected with public order or security of the State.(( Contempt of Courts Act, 1971, Section 7(1)(c).))
  • The information published relates to a secret process, discovery or invention which is an issue in proceedings. For example, in patent objection matters.(( Section 7(1)(d), Contempt of Courts Act, 1971.))

Fair criticism of judicial Actions

If a case has been finally heard and decided by the court, a person will be allowed to publish fair comments on the merits of that particular case.(( Section 5, Contempt of Courts Act, 1971.)) Comments about the judgment itself, and other comments about the merits of the case, are an exception to contempt of court.(( Samaraditya Pal, The Law of Contempt-Contempt of Courts and Legislatures, Chapter 5, Defenses, Punishments, Procedures, Limitation and Conferment of Rule Making Power (5th edn, 2012).)) Since judgments are public documents, and the public acts of a Judge are subject to public scrutiny , no one can prohibit fair comments on either of them.(( Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921, at 927.)) However, the exact test for ‘fair comment’ is unclear and will depend on the facts and circumstances of each case. For example, misquoting the judge or making false statements about judges would not amount to ‘fair comment’. Additionally, such comments have to be made without any bad intentions, and without the motive to bring down the image of the judiciary or impair the administration of justice itself.(( In re: Ajay Kumar Pandey, (1998) 7 SCC 248.))

Complaint against presiding officers of Subordinate Courts

If a person has made a complaint against a presiding officer of a Subordinate Court, to either the High Court or another Subordinate Court, such a complaint will not amount to contempt. However, such a complaint has to be made in good faith.(( Section 6, Contempt of Courts Act, 1971.)) For example, if a person files a complaint against a District Judge because of a legitimate grievance.

Truth

Saying or publishing the truth for the public good may be treated by the court as an exception to contempt.(( Section 13(b), Contempt of Courts Act, 1971.)) This is similar to the defence of truth in defamation, but the court has the option to decide whether or not to accept such a remark.

Eligibility for Legal Aid

If you want legal aid, you will need to go to a legal service authority. Once you approach the authority, they will check:

 

  • Whether you are eligible for legal aid. 

You are eligible based on two criteria:  – either based on who you are or as per the income you get. You only need to qualify for one of these criterias to be eligible for receiving legal aid.

 

  • Genuine nature of your case

After checking whether you are eligible for legal aid, the authority will then check  if you have a genuine case to prosecute or to defend1. This discretion lies with the authorities and they will take the final call on whether your case itself requires legal aid. There is no bar as to which kind of cases you can apply and not apply for. 

 

However, if certain conditions are fulfilled, your legal aid may be withdrawn. 

 

Persons who can apply for legal aid

The following persons can apply for legal aid irrespective of their income:(( Section 12,  Legal Services Authority Act, 1987)) :

  • A member of the scheduled castes or tribes;
  • A victim of human trafficking or a beggar;
  • Any disabled person, including persons who are mentally disabled(( Section 7 (4) (c), Rights of Persons with Disabilities Act, 2016.));
  • A woman or child;
  • A victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, industrial disaster and other cases of undeserved want;
  • An industrial workman;
  • Those in custody, including protective custody(( Section 2 (g), Immoral Traffic (Prevention) Act, 1956.)), juvenile home(( The Juvenile Justice (Care and Protection of Children) Act, 2015.)), psychiatric hospital or psychiatric nursing home;(( Section (g) of Section 2 of the Mental Health Act, 1987.))
  • Any person facing a charge which might result in imprisonment(( Khatri II Vs. State of Bihar, (1981) 1SCC.)) 

 

Maximum Income Earned

A person receiving an annual income less than the amount as mentioned below((  FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs.)) can apply for legal aid within their own State:

State Income Ceiling Limit
Andhra Pradesh Rs. 3,00,000/- 
Arunachal Pradesh Rs. 1,00,000/-
Assam Rs. 3, 00, 000/-
Bihar Rs. 1,50,000/-
Chhattisgarh Rs. 1,50,000/-
Goa Rs.3,00,000/-
Gujarat Rs.1,00,000/-
Haryana Rs. 3,00,000/-
Himachal Pradesh Rs. 3,00,000/-
Jammu & Kashmir Rs. 1,00,000/-
Jharkhand Rs. 3,00,000
Karnataka Rs. 1,00,000
Kerala Rs. 300,000
Madhya Pradesh Rs. 1,00,000
Maharashtra Rs. 3,00,000
Manipur Rs. 3,00,000
Meghalaya Rs. 1,00,000
Mizoram Rs. 25,000
Nagaland Rs. 1,00,000
Odisha Rs.3,00,000
Punjab Rs. 3,00,000
Rajasthan Rs. 1,50,000
Sikkim Rs. 3,00,000
Telangana Rs.1,00,000
Tamil Nadu Rs. 3,00,000
Tripura Rs. 1,50,000            
Uttar Pradesh Rs. 1,00,000
Uttarakhand Rs. 3,00,000
West Bengal Rs. 1,00,000
Andaman & Nicobar Islands Rs.3,00,000
Chandigarh 

 

 Rs. 3,00,000

 
Dadra  & Nagar Haveli  Rs. 15,000
Daman & Diu Rs. 1,00,000
Lakshadweep Rs. 9,000
Delhi General – 1,00,000

Transgender – 2,00,000

Senior Citizen – 2,00,000
Puducherry Rs. 1,00,000

To prove your income, you can submit an affidavit as proof of income to the authorities. This affidavit will be scrutinized by the authorities and the discretion to allow your application lies with the authority.(( Section 13(2), Legal Services Authority Act, 1987.)) To make an affidavit, take the help of a lawyer.

  1. Section 13,  Legal Services Authority Act, 1987. [↩]

Who can file a complaint?

Anyone can file a complaint against a person who has made scandalizing remarks or otherwise stood in contempt against the judiciary.(( Section 15(1)(b), Contempt of Courts Act, 1971.))  However, the contempt proceeding only happens between the court and the alleged offender. The complainant is only an informer, whose duty ends after informing the court. It is open to the court to determine whether or not to act on such information and thereby initiate contempt proceedings.(( Muthu Karuppan, Commissioner of Police, Chennai v Parithi Ilamvazhuthi, (2011) 5 SCC 496.)) 

To read more on the procedure to file complaints, see our explainer on “How do you file a complaint for contempt?”

Costs in Legal Aid

There is no charge for getting an application form for free legal aid.((  FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs)) You are not required to spend any money for either getting or submitting the application. Even expenses like Process Fees, Drafting Fees, Typing Fees, Clerkage, etc. are borne by the legal service institutions.((   FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs))

 

You do not have to pay any money if you get legal aid. You do not need to pay for:

  • Getting an application form for requesting free legal aid.(( FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs))  You are not required to spend any money for either getting or submitting the application. 
  • Expenses like Process Fees, Drafting Fees, Typing Fees, Clerkage, etc.(( FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs)).
  • Expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings. 

Who does the law apply to?

The law is meant to safeguard the public’s faith in the judiciary and its authority.(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.))  The law applies to the general public and prohibits the public from making such remarks against the judiciary. However, this restriction won’t be applicable if the remarks come under any of the defences given by the law. 

The law restricts the public from making any remarks against the Supreme Court, High Court, Subordinate Courts, and Tribunals established by law. However, the law of contempt does not protect Nyaya Panchayats or other village courts that have been established by law for the administration of justice.(( Section 21, Contempt of Courts Act, 1971.)) To read more on the power to initiate contempt proceedings, see our explainer on “Who are the authorities under the law?”. 

Wife Approaches Court for Divorce for Muslim Marriage

The provision of going to Court to divorce a spouse, is only available for women. The law allows you to go to the Court to divorce your husband for the following reasons:

Absence of Husband

  • When your husband has been missing for over 4 years.
  • When your husband goes to jail for 7 years or more.
  • When your husband fails to pay maintenance for 2 years.

Illness or Incapacity

  • When your husband is impotent.
  • When your husband is suffering from insanity or an incurable venereal disease.
  • If your marriage took place before the age of 15 years.

Ill-treatment

All these grounds are subject to certain conditions which you should consult a lawyer to understand more.