18 Apr, 2021
11:55:39 AM
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Eligibility

  1. Who are Entitled to Free Legal Services?
The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are :
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person;
(e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or
(h) a person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government), if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme Court.
The Income Ceiling Limit prescribed u/S 12(h) of the Act for availing free legal services in different States has been stated below:
S. No.
States/Union Territories
Income Ceiling Limit (Per Annum)
1.     
Andhra Pradesh
Rs. 3,00,000/- 
2.     
Arunachal Pradesh
Rs. 1,00,000/-
3.     
Assam
Rs. 3, 00, 000/-
4.     
Bihar
Rs. 1,50,000/-
5.     
Chhattisgarh
Rs. 1,50,000/-
6.     
Goa
Rs.3,00,000/-
7.     
Gujarat
Rs.1,00,000/-
8.     
Haryana
Rs. 3,00,000/-
9.     
Himachal Pradesh
Rs. 3,00,000/-
10.   
Jammu & Kashmir
Rs. 1,00,000/-
11.   
Jharkhand
Rs. 3,00,000
12.   
Karnataka
Rs. 1,00,000
13.   
Kerala
Rs. 300,000
14.   
Madhya Pradesh
Rs. 1,00,000
15.   
Maharashtra
Rs. 3,00,000
16.   
Manipur
Rs. 3,00,000
17.   
Meghalaya
Rs. 1,00,000
18.   
Mizoram
Rs. 25,000
19.   
Nagaland
Rs. 1,00,000
20.   
Odisha
Rs.3,00,000
21.   
Punjab
Rs. 3,00,000
22.   
Rajasthan
Rs. 1,50,000
23.   
Sikkim
Rs. 3,00,000
24.   
Telangana
Rs.1,00,000
25.   
Tamil Nadu
Rs. 3,00,000
26.   
Tripura
Rs. 1,50,000            
27.
Uttar Pradesh
Rs. 1,00,000
28.
Uttarakhand
Rs. 3,00,000
29.
West Bengal
Rs. 1,00,000
30.
Andaman & Nicobar Islands
Rs.3,00,000
31.
Chandigarh UT
 
Rs. 3,00,000
 
32.
Dadra  & Nagar Haveli UT
Rs. 15,000
33.
Daman & Diu
Rs. 1,00,000
34.
Delhi
General –Rs. 1,00,000
Senior citizen- Rs. 2,00,000
Transgender – Rs. 2,00,000
 
35.
Lakshadweep
Rs. 9,000
36.   
Puducherry
Rs. 1,00,000
 
  1. Is a woman irrespective of her income/financial status eligible for free legal aid?
Yes, a woman is entitled for free legal aid irrespective of her income or financial status. A woman is eligible to apply for free legal aid by virtue of Section 12(c) of the Legal Services Authorities Act, 1987.

 

  1. Till what age can a child apply for free legal aid?
A child is eligible for free legal aid till the age of majority i.e. 18 years. This is effectuated by Section 12 (c) of the Legal Services Authorities Act, 1987. 

 

  1. Are senior citizens eligible for free legal aid?
Senior citizens’ eligibility for free legal aid depends on the Rules framed by the respective State Governments in this regard.
In Delhi for example, senior citizens are eligible for free legal aid subject to prescribed ceiling of annual income. Any individual above the age of 60 can apply for free legal aid/services.

 

  1. Am I eligible for free legal aid if I do not earn/have enough money to pay for my case?
Yes, you are eligible for free legal aid if you fulfil the criteria under Section 12 (h) of the Legal Services Authorities Act, 1987. It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for free legal aid. The income ceiling limit as prescribed by different States/Union Territories has been stated in the table in FAQ no. 1.
As per Section 13(2) of the Act, an affidavit made by a person as to his income is generally regarded as sufficient for making him/her eligible for the entitlement of legal services under the Act, unless the concerned Authority has reasons to question or disbelief such affidavit.