Theme: Police & Courts

Who is a proclaimed offender?

The Court declares an accused as a proclaimed offender when it believes that the accused against whom a warrant has been issued, has absconded or concealed himself to evade the warrant.

How long can the police keep me under arrest?

The police need to present you before the Magistrate as soon as possible after you have been arrested. They cannot keep you under arrest for more than 24 hours – this excludes travel time to the court. The police officer will also need to provide a copy of the entries in the case diary to the Magistrate. The case diary is a daily diary kept by an officer detailing all that happens in an investigation. The Supreme Court has directed the police officers to provide the Magistrate with a checklist of the reasons for your arrest along with all documents related to your arrest including the arrest memo.

After you’ve been presented before the Magistrate, the Magistrate can discharge you or grant you bail. Your lawyer should ask for your release if the police only needed to issue a ‘notice of appearance’ and not actually arrest you. The police can detain you beyond 24 hours only with permission of the Magistrate. They may seek ‘police custody’ or ‘judicial custody’. Police custody can only last 15 days from the date of arrest. This means you will be kept inside the lock-up at the police station for a maximum of fourteen more days.

If the police have not been able to file the charge-sheet and depending on the crime you have been suspected of, you can be in judicial custody for up to 90 days for crimes that you could possibly go to prison for more than 10 years, and up to 60 days for all other kinds of offences.

You cannot be sent to jail for more than fourteen days at a time even in judicial custody. You will be brought before the Magistrate after each fourteen day period. After the 60 or 90 day period, you have a right to be released on bail.

Can a doctor or medical officer examine me when I am under arrest?

Yes, there are two purposes for which you can be examined.

  • The first is to determine if you as the accused have been hurt or subject to violence by the police. You can ask for a copy of the report prepared by the doctor. If you are a woman, then a female doctor has to conduct the investigation.
  • If the police think that a medical examination can prove that you committed a crime, they can ask a doctor to conduct an examination on you. If you do not cooperate with the doctor, they can use reasonable force on you.

Can the police search me when I am arrested?

Yes, the police can search you when they are arresting you. They will keep the things confiscated from you in safe custody. If you are a woman, you can be searched only by another woman police officer/constable. The police have to give you a personal search memo which is a list of all the things that they have taken-this search memo is sometimes known as jamatalashi. They can also take your fingerprints with the permission of the Magistrate.

Can I resist an arrest if I think I should not be arrested?

Resisting an arrest does not help. It only allows the police to use force to arrest you. If you do not submit to being arrested, the police can use all means necessary to arrest you. Though they have a duty not to cause your death, they can use deadly force if you are being accused of a crime which is punishable with death or life imprisonment. In case the proper arrest procedure is not followed please contact your lawyer at the earliest and let your lawyer know of the violations so that he/she can take adequate measures to help you out.

When can the police arrest without a warrant?

The police can arrest you without a warrant in two broad cases:

  1. You are suspected of having committed a cognizable crime
  2. The police suspect you are planning to commit a cognizable crime

In the first category, the law lays down the specific situations in which the police can arrest you without an arrest warrant:

  • when you commit a crime in front of a police officer (for example at a public event or in a police station);
  • when the police have received reliable information or a complaint that you have committed a cognizable crime;
  • if the court has declared you as a proclaimed offender;
  • if the police found you with stolen property and they suspect you;
  • if you cause trouble to a police officer who is performing her duty;
  • if you escape from custody;
  • if you are suspected of deserting the army;
  • if you are a suspect in a crime outside India and you are liable to be brought back to India; or
  • if you were convicted of a crime in the past and have violated rules relating to released convicts.

Do the police need an ‘arrest warrant’ to arrest me?

No, they do not need a warrant if they suspect that you committed a serious crime (cognizable offence). Examples include murder, sexual offences, acid attack, rioting, starting a fire etc. Normally, it is the Magistrate who will issue a warrant to arrest you. Since these types of crimes need urgent action from the police, the police can take charge even without permission from the Magistrate.

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.))

If I help road accident victims, will I get in trouble or harassed by the police?

Timely help given to a road accident victim can mean the difference between life and death for them. People should be encouraged to be good samaritans, who in good faith and without expectation of reward or duty of care, provide assistance to a victim of a road accident. However, witnesses or bystanders often hesitate to help due to the fear of:

  • Legal hassles
  • Being asked to repeatedly appear as a witness in court
  • Repeated questioning or harassment by the police
  • Payment of charges or fees at hospitals

To address this issue, the Supreme Court and the Ministry of Road Transport and Highways gave effect to the Good Samaritan Law. It prohibits harassment of good samaritans by police or the hospitals when they bring in or report about an accident victim. The salient features of the Law are:

  • A bystander or good samaritan who takes an accident victim to a hospital should be allowed to leave immediately after,  no questions asked.
  • They shall be rewarded/compensated in a manner specified by the State governments, to encourage others to follow suit.
  • They shall not be liable for any civil or criminal liability arising out of the accident
  • They can maintain their anonymity when reporting the accident to the police on phone. They cannot be compelled to reveal their identification details.
  • The same provision of anonymity shall apply to the Medico-legal Form in hospitals. In both places, the good samaritan can voluntarily provide their details.
  • In case the good samaritan agrees to be a witness in the case, and is required for investigation by police, they may be examined once. Thereafter they should not be harassed or intimidated by the police and the same should be ensured by the State government through appropriate methods.
  • Hospitals are not to detain good samaritans or demand treatment costs from them.

If a doctor does not provide immediate emergency care as required  in an accident case, it shall constitute ‘professional misconduct’(( Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.)) and be a cause for disciplinary action.

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

What is Bail?

Bail is the temporary release of a person accused of a crime, by the court. The Court allows the accused person to be outside the jail on a condition that they would appear before the Court whenever required and will not commit any crimes. In most cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the person makes an appearance back in Court whenever they are required.  

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.

 

Driving Without A License

While driving, it is mandatory to keep a copy of a valid Driving License with you at all times1, and present it to a police officer on demand2. Now, you can also carry an electronic copy of your driving license in the DigiLocker or mParivahan app3. If you hold a valid driving license but do not have it when an officer asks you to produce it, you may be punished with a fine between Rs. 500 and Rs. 1,0004. You may alternatively produce it to the officer/authority who has asked you for it, within a stipulated time period, which varies across states5. 

 If your license has been submitted to or seized by, governmental authority or officer, then you must produce a receipt or any other form of acknowledgement, and produce the license within a stipulated time period that varies across states2. 

If you drive a vehicle and you do not possess a driving license or have not attained the required age to drive it, then your vehicle can be seized and detained by a police officer6. Furthermore, you can be punished with a fine of Rs. 5,000 or with jail time of up to 3 months, or both7.

The applicable fine amount might vary across states. Given below are the fine amounts of different offences for two states.

State Type of Vehicle Fine Amount (In INR)
Delhi Not applicable 5,000
Karnataka Two/Three-Wheeler 1,000
Light Motor Vehicle 2,000
Others 5,000
  1. Section 6(3),  Motor Vehicles (Driving) Regulations, 2017. [↩]
  2. Section 130(1), The Motor Vehicles Act, 1988. [↩] [↩]
  3. Section 139, Central Motor Vehicles Rules,1989. [↩]
  4. Section 177A, The Motor Vehicles Act, 1988. [↩]
  5. Section 130(4), The Motor Vehicles Act, 1988. [↩]
  6. Section 207(1), The Motor Vehicles Act, 1988. [↩]
  7. Section 181, The Motor Vehicles Act, 1988. [↩]

Right to Bail

You have a right to bail. This right can be directly exercised in the case of bailable offences. For non-bailable offences, this right is dependent on the discretion of the court.   

The rationale of giving bail is that, if there is no substantial risk of the accused fleeing, then there should be no reason why he should be imprisoned. Granting bail usually comes at an early stage. 

The Court takes into account your gender, health and age while granting you bail. The Court may grant you bail more easily if you fall in the category of the following sets of persons:

  1. Women
  2. Children below the age of sixteen
  3. Sick and Infirm people

 

Police Arrest With Warrant

An arrest is when a person is physically detained by the police. No person can be detained by the police without being informed of the reasons and the basis in law for their arrest. 

Generally, the police need a warrant to arrest someone. Crimes for which a warrant is required are called non-cognizable offences. On receiving information of a non-cognizable crime, the police must take permission from the Magistrate to arrest someone. This permission from the Magistrate is known as a warrant. 

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] [↩]

Who can file an FIR

You can file an FIR if you are:

  • A victim of a crime.
  • A relative or friend or acquaintance of the victim.
  • You have knowledge about a crime that has taken place or is about to take place.

 

It is not necessary that you must have all information about the crime in order to file an FIR. But it is important that you report everything you know to the police.

 

An FIR in itself is not a criminal case filed against someone. It is just information received by the police relating to the commission of a crime. A criminal case begins when the chargesheet is filed by the police before the Court and a Public Prosecutor is appointed by the State. 

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.

Driving a vehicle without a registration

It is mandatory to register motor vehicles before driving them1, and after getting your vehicle registered, you will receive a Registration Certificate (RC) (( Section 41, The Motor Vehicles Act, 1988.)). It is mandatory to carry the original copy or electronic copy of the RC and to display a registration mark on your vehicle2. 

If you drive or allow a motor vehicle to be driven without registration, you can be punished with a fine between Rs. 2,000 to 5,000 for the first offence, and with jail time of up to 1 year, or a fine between Rs. 5,000 and 10,000, or both, for any subsequent offence3. The applicable fine amount might vary across states. 

You cannot be fined for not having the Registration Certificate only for the following reasons4:

  • Conveyance of persons suffering from sickness or injuries
  • Transport of food or materials to relieve distress or of medical supplies 

However, you must inform the Regional Transport Authority (RTA) of your state within 7 days that you are using a motor vehicle for the two reasons given above, otherwise you can be fined. 

Given below are the fine amounts for two states:

State Frequency of Offence Fine Amount (In INR)
Delhi First offence 2,000 – 5,000
Any subsequent offence 5,000 – 10,000
Karnataka Two/Three-Wheeler 2,000
Light Motor Vehicle

 

 3,000
Medium/Heavy Vehicle and Others 5,000
  1. Section 39, The Motor Vehicles Act, 1988. [↩]
  2. Section 139, The Motor Vehicles Rules, 1989. [↩]
  3. Section 192(1), The Motor Vehicles Act, 1988. [↩]
  4. Section 192, The Motor Vehicles Act, 1988. [↩]