What Is Legal Aid And How Can You Avail It ?

The legal aid series will clarify how one can apply for legal aid.

In this series are the steps of applying for legal aid and what help and support you can avail in the process.

How to Apply for Legal Aid?

When you apply for legal aid, you will require the following documents at the minimum:

A proof of identification: Aadhar Card is most commonly accepted, but you can ask if your State's authority accepts other forms of proof.

An affidavit proving you are eligible for legal aid. For example, if you are claiming you are eligible because your income is below the level specified, then you will have to give an affidavit of your income as proof.

Apart from the two documents given above, please ask your nearest Legal Authority Office for more details on the documents required, as the procedure varies across states.

You can apply for free legal aid in the following four ways: Through the Website Online (By Email), In-person (In Writing), In-person (Orally/Speaking directly to the authorities) and Online Procedure (Through the Website)

Step 1: You should log in on the National Legal Services Authority's website

Step 2: You should fill in all the required details, which have been divided into six parts: Legal Aid Application, Legal Aid, Personal Details, Legal Aid Details, Case Details and Attach Document. For detailed instructions on filling out the form.

Step 3: Once you have filled out the form, and attached the required documents as per your case, click on "Submit".

Step 4: You can track the status of your application here.

Online Procedure (By Email)

You can send your application online to the following email address (nalsa-dla@nic.in). If you choose this option, ensure you add the necessary details, such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.

In-Person Procedure (In Writing)

Step 1: You should go to the front office of the nearest Legal Services Authority. You can approach NALSA anytime between Monday and Friday – from 9:30 am to 6 pm. The address of NALSA is 12/11, Jam Nagar House, New Delhi-110011. The other Legal Services Authorities in your state, district or taluk can also be approached within their office hours at their addresses which can be checked on their respective websites. You can access the website of your state's Legal Services Authority through the list given here.

Step 2: You should fill up the ready-made form/application form that is available. You can also find this form online. For example, for Delhi, you can access the form here. You can also make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc.

Step 3: You should submit the filled-out form/application at either the authority physically, or post the application to the authority. They will guide you on the next steps to take, clarification, or other documents required.

In-Person Procedure (Orally)

It is also possible to make your application orally – a paralegal volunteer or an officer will assist you in such cases at the front office of the legal service authority.

Once your application has been accepted, it will be processed and you will receive confirmation about whether or not you will receive legal aid.

Additional Help and Support

In case you need additional help and support in receiving legal aid, you can reach out to the National Legal Services Authority to lodge a complaint here. You can lodge a grievance and track your application.

Appeal, Denial/Withdrawal of Legal Aid Services

If you are not satisfied with the decision given by the relevant Legal Service Authority on your application for a grant of legal aid, there is a provision to appeal against the decision.

To appeal, you can appeal to the Executive Chairman or Chairman of the relevant Legal Services Authority. The decision resulting from the appeal would be a final one.

Also, note that after you fill out your application for legal aid, it can be denied or accepted. It can also be withdrawn at a later stage after the application has been accepted and legal aid has been provided.

Legal aid can be denied if a person is found ineligible.

Legal aid can also be withdrawn in the following circumstances:

• Where the person who applied under the income category is found to possess sufficient means to pay for legal services required.
• Where the person obtained legal services by misrepresentation or fraud.
• Where the person does not cooperate with the Legal Services Authority/Committee or with the legal services lawyer.
• Where the person engages a legal practitioner, like a lawyer, other than the one the Legal Services Authority/Committee assigned.
• Where the person has died, except in the case of civil proceedings where the right/liability is still present
• Where the application for legal service or the matter in question is found to be an abuse of the process of law or of legal services.

Final Steps in the Legal Aid Application Process

Once you have submitted your application for free legal aid, the following happens:

Step 1: The relevant Legal Services Authority will examine your application to determine what is to be done.

Step 2: Once the scrutiny of the application is complete, information about whether your application has been accepted/rejected will be provided to you in the following ways:

If the application was made in person/ physically at any Legal Services Authority: An address (either residential address or email address) for correspondence is noted, and information regarding the application is sent to the same.

If the application is made online via the NALSA website or the online portals of the Legal Services Authorities: An application number is generated, and you can track the status of the application on the online portal itself.

The decision on the acceptance/rejection of the application is to be decided immediately and not more than 7 days from the date of the receipt of the application.

Step 3: Once the application is accepted, you will be given information on the assignment of the lawyer. The assigned lawyer and you will be given a letter of appointment (vakalatnama) along, and the lawyer is required to contact you immediately, or you can initiate the contact.

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