Criteria for free legal services

Who is entitled to free legal aid.

Legal Studies5 questions

The essentials

Section 12 of the Legal Services Authorities Act, 1987 lists the persons entitled to free legal services. Some are entitled because of social vulnerability, whatever their income; others because their income is below a limit fixed by the government. Under Section 13, an eligible person gets legal services if the authority is satisfied that he or she has a prima facie case; an affidavit about income is ordinarily accepted.

Key points

  • A member of a Scheduled Caste or Scheduled Tribe.
  • A victim of trafficking in human beings or begar (forced labour), as referred to in Article 23.
  • A woman or a child.
  • A person with disability.
  • A person in circumstances of undeserved want, such as a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster.
  • An industrial workman.
  • A person in custody, including in a protective home, juvenile home, or psychiatric hospital or nursing home.
  • A person whose annual income is below the limit prescribed by the State Government (or the Central Government for Supreme Court cases).
  • Types of services: paying court fees and other charges, providing a lawyer, supplying certified copies, preparing appeals and documents, and giving legal advice.

Exam tips

  • Remember that women and children qualify irrespective of income.
  • Do not memorise income limits; they differ between states and are revised over time.

Common mistakes

  • Thinking only poor persons can get legal aid.
  • Forgetting the prima facie case requirement – legal aid is not given for clearly baseless claims.

Practice questions

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