Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.
Right to Legal Aid
It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must, therefore, arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities. —(Art.39 A of the Constitution of India) If the accused does not have sufficient means to engage a lawyer, the court must provide one for the defence of the accused at the expense of the state. (Sec. 304, Criminal Procedure Code) The Constitutional duty to provide legal aid arises from the time the accused is produced before the Magistrate for the first time and continues whenever he is produced for remand. — (Khatri II Vs. the State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470) A person entitled to appeal against his/her sentence has the right to ask for a counsel, to prepare and argue the appeal. — (Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544) (Art. 142 of the Constitution r/w 21 and 39A)
Who is entitled to free legal aid?
Any person, who is:
- a member of the scheduled castes or tribes poor (with an annual income of not more than Rs.50000/- for cases in the Supreme Court and Rs.25000/- in other courts);
- a victim of trafficking in human beings or beggar;
- disabled, including mentally disabled;
- a woman or child;
- a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, industrial disaster and other cases of undeserved want;
- an industrial workman;
- in custody, including protective custody;
- facing a charge which might result in imprisonment;
—(Khatri II Vs. the State of Bihar, (1981) 1SCC); and unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation; In addition to the above, legal service may be granted:
- in cases of great public importance;
- special cases considered deserving of legal services.
Cases for which legal aid is not available
- Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.
- Proceedings relating to the election;
- Cases, where the fine imposed, is not more than Rs.50/-;
- Economic offences and offences against social laws;
- Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected, if not represented properly.
Reference: http: //www.humanrightsinitiative.org/publications/police/legal.pdf
