Theme: Courts

Help and Support

You can reach out to the National Legal Services Authority to lodge a complaint here. You can lodge a grievance and track your application.

 

You can email or call the state-wise authorities (Legal Service Authorities) given below in case of a grievance, or if you need help and support. 

State Helpline Number/Contact Number Email Address Postal Address 
Delhi 1516 dslsa-phc@nic.in, 

dlsathebest@rediffmail.com

 Delhi State Legal Services Authority,

Central Office, Pre – Fab Building,

Patiala House Courts, New Delhi.
Haryana 18001802057 http://www.hslsa.gov.in/helpline Haryana State Legal Services Authority,

Institutional Plot No.09,Sector-14 Panchkula (Near Kisan Bhawan)
Kerala +91 9846 700 100 kelsakerala@gmail.com Member Secretary,

Office of the Kerala State Legal Services Authority,

Niyama Sahaya Bhavan,

High Court Compound

Ernakulam, Kochi,

Kerala State
Himachal Pradesh +91 94180 33385

15100 (toll-free)

Nyaya Sanyog: 0177-2629862

 mslegal-hp@nic.in The Member Secretary, HP State Legal Services Authority, Block No. 22, S.D.A. Complex, Kasumpti, Shimla
Maharashtra 1800 22 23 24 mslsa-bhc@nic.in 105, High court (PWD) Building, Fort, Mumba.
Gujarat 18002337966  msguj.lsa@nic.in 3rd Floor, Near Gujarat High Court Post Office,

Gujarat High Court Campus,

Sola, Ahmedabad
Madhya Pradesh 15100 mplsajab@nic.in
Assam  0361-2601843, 2516367 mailto:assamslsa1@gmail.com Assam State Legal Services Authority, Adjacent to Gauhati High Court New Block
Orissa 0671-2307071 oslsa@nic.in Odisha State Legal Services Authority,

S.O.20,

Cantonment Road (Gopabandhu Marg), Cuttack
Tamil Nadu 1516 tnslsa.lae@gmail.com Tamil Nadu State Legal Services Authority,

North Fort Road, High Court Campus,

Chennai 
Karnataka 1800-425-90900 Karslsa@gmail.com Karnataka State Legal Services Authority,

Nyaya Degula Building, 1st Floor, H.Siddaiah Road,

Bengaluru

Further, if you do not find your lawyer suitable for your needs and want a different one, you can request this. Read more here. 

Who are the authorities under the law?

The Constitution of India, 1950 empowers the Supreme Court1 and High Courts(( Article 215, Constitution of India, 1950.)) to have the powers to punish for contempt. This means that if a person is held for contempt against any Subordinate Court like the District Court, the respective High Courts of the State shall have the power to punish such a person.(( Section 10, Contempt of Courts Act, 1971.)) Here, the term ‘High Court’ will also include the court of the Judicial Commissioner in a Union Territory.((  Section 2(d), Contempt of Courts Act, 1971.))

Subordinate Courts do not have the power to punish for contempt of courts,(( Delhi Judicial Service Association, Tis Hazari Court v. the State of Gujarat, (1991) 4 SCC 406.)) and they have to rely on their respective High Courts to punish those held for contempt.(( Section 10, Contempt of Courts Act, 1971.))

Tribunals and contempt of court

Some tribunals have the power to punish for contempt. However, one would have to look at the law establishing the tribunal to see whether that particular tribunal has the power to punish for contempt and to know the procedure before the tribunal. For example, the Central Administrative Tribunal has the independent power to punish for contempt,(( Section 17, Administrative Tribunals Act, 1985.))  as well as the Industrial Tribunal has such powers.2

  1. Article 129, Constitution of India, 1950. [↩]
  2.  Industrial Disputes (Appellate Tribunal) Act, 1950. [↩]

Rights of Victims and Witnesses

This special law guarantees certain rights to the victims, their dependents and those acting as witness to the complaints filed under this law. These rights are:

Protection from violence

  • Victims, their dependents and witnesses must be protected from any kind of intimidation, coercion, inducement, violence or even threats of violence. 
  • The investigation officer or the Station House Officer must record the complaint of a victim, informant or witnesses by way of an FIR if they are being intimidated, coerced, induced, harassed or even threatened with violence. A copy of the FIR must be given to them free of cost. 

Right to be treated with Dignity

  • Victims should be treated with fairness, respect and dignity. If there are any special needs of victims owing to their age, gender or educational disadvantage, the same must be given due regard.

Rights in  Court

  • The Special Public Prosecutor or the government officials must inform the victims or their dependents of any court proceedings about to take place under this law. They have a right to reasonable, accurate and timely notice of any court proceedings, even when the accused person applies for bail. 
  • The victims or their dependents have the right to request production of documents, materials or witnesses from other parties by making a request to the Special Court. 
  • Victims and their dependents have a right to be heard in proceedings related to the bail, discharge, release, parole, conviction or sentence of the accused person. They also have a right to make written submissions on conviction, acquittal or sentencing of the accused person. 
  • All court proceedings under this law must be video recorded. 

Special Protection

  • The Special Court must provide the victim, their dependent, witnesses or informants: 
    • Complete protection to ensure delivery of justice
    • Travelling and maintenance expenses during investigation, inquiry and trial
    • Socio-economic rehabilitation during investigation, inquiry and trial
    • Relocation 
  • Either the Special Public Prosecutor or the victims, their dependents, witnesses and informants can make an application to the Special Court to: 
    • Conceal their names and addresses of the witnesses in the orders, judgements or any records of the case that are publicly available. 
    • Issue directions to not disclose the identity and address of the witnesses. 
    • Take immediate action on a complaint relating to the harassment of a victim, informant or witness and if necessary pass orders for protection on the same day.

Appeal

If you are not satisfied with the decision given by the relevant Legal Service Authority on your application for a grant of legal aid, there is a provision to appeal against the decision. 

To appeal, you can appeal to the Executive Chairman or Chairman of the relevant Legal Services Authority((  Regulation 7(5), National Legal Services Authority (Free and Competent Legal Services) Regulations 2010.)). The decision resulting from the appeal would be a final one.

What are the offences and punishments under this law ?

When one is held guilty of contempt, they have the option to apologize to the court and save themselves from any other punishments.((  Proviso to Section 12(1), Contempt of Courts Act, 1971.)) However, such an apology should be genuine and not merely a ruse to save oneself from punishment.(( MC Mehta v. Union of India, (1987) 4 SCC 463.)) 

Punishment for Contempt of Court

The punishment for civil and criminal contempt is the same. In situations where the court is not satisfied with the apology or if the person is unwilling to apologize, the court can punish the offender for contempt. The punishment is fine of up to Rs 2,000, or jail time up to 6 months, or with both. However, this limit is only applicable for the High Courts and not for the Supreme Courts. For the Supreme Court, this limit will only serve as a guide to the punishments that can be given and they can increase the fine amount.(( Zahira Habibullah Sheikh & Anr v. State of Gujarat & Ors, (2004) 4 SCC 158.))

Moreover, the court has the option not to punish the offender if the court is of the opinion that the person has not substantially prejudiced the court.(( Section 13(a), Contempt of Court Act, 1971.))

Denial/Withdrawal of Legal Aid Services

After you fill out your application for legal aid, it can be denied or accepted. It can also be withdrawn at a later stage after the application has been accepted and legal aid has been provided.

 

Denying Legal Aid

Legal aid can be denied1:

 

Withdrawing Legal Aid

Legal aid can be withdrawn in the following circumstances1:

  • Where the person who applied under the income category is found to possess sufficient means to pay for legal services required.
  • Where the person obtained legal services by misrepresentation or fraud.
  • Where the person does not cooperate with the Legal Services Authority/Committee or with the legal services lawyer. 
  • Where the person engages a legal practitioner, like a lawyer, other than the one assigned by the Legal Services Authority/Committee. 
  • Where the person has died, except in the case of civil proceedings where the right/liability is still present
  • 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.
  1. FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs. [↩] [↩]

What are the costs involved in exercising rights under this law?

For filing a petition for contempt, a certain amount of court fees have to be paid along with it. For contempt proceedings, the court fees are determined by the rules of the respective High Court or the Supreme Court. However, in the Supreme Court, the court fees do not have to be paid for the petition or any additional documents filed in the proceedings.(( Rule 4(d), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) Take the help of a lawyer to understand the respective court fees charged by the High Court of the state.

Reporting Child Marriages

Anyone can file a complaint of child marriage, including the child. It doesn’t matter whether the child marriage has taken place or not as it can be filed at any time before or after the marriage. A complaint can be made to any of the following authorities:

Call 1098

1098 is a toll-free number and it operates across India. It is operated by Childline India Foundation which works for child rights and child protection. Anyone, including children themselves, can call and give information on this number. You should educate children at schools or children who are working, about this helpline number so that illegal acts of child marriage can be prevented.

Police 

You can call the Police on 100 to report:

  • About a child marriage that is taking place or 
  • A child marriage that is about to take place. 

Alternatively, you can even go to a Police Station where you can file an FIR and report the same.

Child Marriage Prohibition Officer

You can approach the local Child Marriage Prohibition Officer and report a child marriage to him. He will immediately proceed to take action against the persons responsible. 

Child Welfare Committee

You can even approach your local Child Welfare Committee established under the law for juvenile justice to look into the matter. For example, in Delhi you can contact the committees based on the districts.

File a Complaint with the Court

You can even directly file a complaint with the Judicial Magistrate (First Class) or the Metropolitan Magistrate. The Court will order the Police or the Child Marriage Prohibition Officer, as required to take action. 

 

Receiving Legal Aid After Application

Once you have submitted your application for free legal aid, the following happens1:

Step 1: Your application will be scrutinized by the relevant Legal Services Authority to determine what is to be done.

 

Step 2: Once the scrutiny of the application is complete, information about whether your application has been accepted/rejected will be provided to you in the following ways:

  • If the application was made in person/ physically at any Legal Services Authority: An address (either residential address or email address) for correspondence is noted and information regarding the application is sent to the same.
  • 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 you can track the status of the application on the online portal itself. 

 

The decision on the acceptance/rejection of the application is to be decided immediately and not more than 7 days from the date of the receipt of the application. 

 

Step 3: Once the application is accepted, you will be given information on the assignment of the lawyer. The assigned lawyer and you will be given a letter of appointment (vakalatnama) along, and the lawyer is required to contact you immediately, or you can initiate the contact. 

 

  1.  FAQs, National Legal Service Authority, https://nalsa.gov.in/faqs; 

    Procedure After Filing, Legal Services Management System, National Legal Service Authority, https://nalsa.gov.in/lsams/nologin/procedureAfterFiling.action. [↩]

How do you file a complaint for contempt?

The procedure to file a contempt petition depends upon the rules of the respective High Courts and the Supreme Courts. According to the rules of the Supreme Court, a contempt petition should contain:

  • The name, description and place of residence of the complainant(s) and of the persons charged (with the alleged contempt).(( Rule 4(a)ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
  • Nature of the contempt alleged, and facts, including the date or dates of commission of the alleged contempt.(( Rule 4(a)(ii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))
  • If a petition has previously been made on the same facts, the complainant has to give the details of the petition previously made and also indicate the result of the case.(( Rule 4(a)(iii), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.))

The petition has to be supported by an affidavit and any document (s) in possession of the complainant. The document should be either the original or a true copy.(( Rules 4 (b) & (c), Rules To Regulate Proceedings For Contempt Of Supreme Court, 1975.)) To understand who to file a complaint to, read the explainer on “Who can you complain to regarding a grievance under the law?”