XVI. Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts. Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar on which kind of cases one can apply for free legal aid, provided that one falls within the following categories:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
[Extracted, with edits and revisions, from “FAQs”,National Legal Services Authority]
Divya is acquitted by the Supreme Court and goes back to her regular life. Some days later, she has a fight with her neighbour Riya over a petty matter and decides to file a criminal case against her. She approaches NALSA for free legal aid to prosecute the matter. She tells NALSA representative that she knows she does not have a genuine case, but just wants to harass Riya. NALSA refuses to provide Divya free legal aid because they believe she does not have a genuine case to prosecute. Can NALSA do so?
Correct Answer :
Yes, since Section 13(1) of the Act provides that free legal aid can be provided if NALSA is satisfied the person has a genuine case to prosecute, and they did not believe that Divya had a genuine case to prosecute.
Solution :
Correct Option: Yes, since Section 13(1) of the Act provides that free legal aid can be provided if NALSA is satisfied the person has a genuine case to prosecute, and they did not believe that Divya had a genuine case to prosecute.
Step-by-Step Explanation:
1. Understanding the Legal Rules Provided:
According to the provided passage:
2. Analyzing the Facts of the Case:
Divya is a woman, which places her under the eligible categories mentioned in Section 12 of the Act. However, when she approaches NALSA, she explicitly informs the representative that she does not have a genuine case and only wants to file a criminal case to harass her neighbour Riya. NALSA refuses her request on the ground that she lacks a genuine case.
3. Applying the Law to the Facts:
Even though Divya meets the eligibility criteria of Section 12 (being a woman), Section 13(1) mandates that NALSA must also be satisfied that the applicant has a genuine case to prosecute or defend. Because Divya admitted to not having a genuine case, NALSA is legally justified under Section 13(1) in refusing to provide her free legal aid.
Conclusion:
Therefore, NALSA can refuse to provide Divya free legal aid because Section 13(1) requires NALSA to be satisfied that there is a genuine case to prosecute.
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