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A lot of people ask me How to get free legal advice? free legal consultation, or How to get legal advice in India.

In this article, I have Explained How to get free legal Aid in India.

Introduction

If you are in need of legal advice but are unable to afford a lawyer, there are a few options available to get free legal advice. Not everyone has the good financial capability to afford expenses incurred in legal procedures. It is not justified if justice is compromised due to the differences between ‘the rich and poor. As rightly said by CJI Ramana, Only a few can afford courts, and the majority suffer in silence. Money plays important role in seeking justice But there is the concept of Free legal advice also, therefore, is a stepping stone for those who need justice but cannot afford to bear the costs involved.

Some of the provisions related to constitutional law and the code of criminal procedure are as mentioned below

CONSTITUONAL PROVISIONS

THE CODE OF CRIMINAL PROCEDURE

“Every person is equal before the law

and has the right to equal protection of the law,”

the Indian Constitution’s Article 14 Says.

 

Article 22(1) provides for the right of a

person to be defended by a legal practitioner of

his/her choice

Moreover, Article 21, the right to life,

also provides for a reasonable, fair, and just trial

Article 39A explicitly requires the state to

promote justice by providing equal opportunities to all

 

 

 

The right to be represented by a pleader of one’s choosing

may be exercised by the accused in a case in accordance

with Section 303 of the Code of Criminal Procedure

According to Section 304, free legal assistance will be given to the defendant at the state’s expense if he lacks the resources to hire a pleader.

 

Justice Bhagwati has been of the opinion that no trial shall be reasonable, fair, or just if a person has no legal representative because of his inability to pay for one, combining the scope of Article 21 with that of Article 39A.

The Legal Services Authorities Act, 1987

The Legal Services Authorities Act (hereafter LSA Act) was created in 1987 to provide a uniform statutory framework for India’s legal aids, i.e free legal aid programs.
It was put into effect on November 9th, 1995, after modifications were made in 1994.

 

Bodies Constituted by the Act to Ensure Free Legal Aid

By virtue of the LSA Act, numerous organizations working for free legal aid programs are founded in India:

 

Eligibility for Free Legal Aid:-

  1. A Scheduled Caste or Scheduled Tribe member;
  2. A beggar or victim of human trafficking as defined in Article 23 of the Constitution;
  3. A woman or a child;
  4. A person who meets the criteria for a disability under Section 2(i) of the 1995 Act on the Status and Rights of Persons with Disabilities;
  5. A person who is in need, such as someone who has suffered from a mass calamity, ethnic violence, caste atrocities, flood, drought, earthquake, or industrial disaster;
  6. Worker in industry
  7. a person who is in custody, including incarceration in a protective home (Section 2(g) of the Immoral Traffic (Prevention) Act, 1956), a juvenile justice facility (Section 2(j) of the Juvenile Justice Act, 1986), or a psychiatric clinic (Section 2(g) of the Mental Health Act, 1987);
  8. A person whose annual income is less than Rs. 9,000 or any other higher amount that the State Government may prescribe if the case is before a court other than the Supreme Court, and less than Rs. 12,000 or any other higher amount that the Central Government may prescribe if the case is before the Supreme Court.

Reasons to reject a request for free legal aid

A request for free legal aid may be denied for the following reasons:

  1. The eligibility requirements weren’t satisfied;
  2. The applicant is financially capable of covering the fees;
  3. The case lacks sufficient substance to be heard in a court of law.

How to get Free Legal Advice

In India, a person can get free legal advice Below mentioned are the ways means of organizations created under the Legal Services Authorities Act:

A person who meets the eligibility requirements outlined in S.12 of the LSA Act may apply for free legal aid from the competent authority established under the Act (as stated previously).
In India, the Supreme Court Legal Services Committee, State Legal Services Authorities, High Court Legal Services Committees, District Legal Services Authorities, and Taluk Legal Services Committees are required to abide by the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010.
The applicant must submit an application, which should ideally be submitted in the FORM-I included at the end of the Regulations (download by clicking here).

 

Pro Bono Cases:

There are many pro bono lawyers and there can be pro bono lawyers near you also. As Corporate social responsibilities have grown in popularity in Indian society, top-tier and fewer law firms, as well as advocates, have stepped forward to give back to their communities.

Pro Bono cases are those in which there are no or minimal charges involved.
Vishal Saini Advocate and Lex Mundi Pro Bono Foundation are a few of the organizations and some of the firms like Saini law firm with active pro bono departments.

 

Legal Aid Clinics:

All District Legal Services Authorities are required to open legal aid clinics in villages or clusters of villages, depending on the size of the village, in order to provide legal aid to people, particularly where there are geographic, social, and other barriers preventing access to the institutions that provide legal services.
The financial resources that the districts have at their disposal must be considered, though.

 

Non-Governmental Organizations:

A variety of NGOs offer people free legal advice about the areas they work in and assist them in obtaining legal representation, whether it be their own or that offered by the government, law firms, lawyers, etc.

 

Legal Services Clinics in Law Universities and Colleges:

Under Section 4(k) of the LSA Act, every law institution and college typically establishes a legal services clinic as a component of legal education to offer free legal assistance to the community.
One might speak with such legal aid clinics to receive free legal counsel.
  

Conclusion:-

Several governmental and private institutions offer those in need, free legal counsel. The Indian Constitution and other laws in India have several provisions that recognize the value of free legal help. The Constitution’s Article 39-A read with Article 21, which requires the state to offer free legal help to individuals in need and links it to the right to life, is the most significant provision with regard to free legal aid. The Legal Services Authorities Act was passed by the Indian government in 1987 to outline the requirements for receiving free legal help, designate the organizations in charge of providing it, and provide other legal aid-related measures. Secretly, attorneys and law

FAQ (FREQUENTLY ASKED QUESTION)

Q. How you can take free legal advice

A. Yes, you can apply to get free legal aid at any stage of the case as long as you are eligible to attain free legal services as per Section 12 of the Legal Services Authorities Act, 1987. and You can also take an appointment with Vishal Saini Advocate by calling +91-9991188899 then we can discuss overcall.

Q. How find pro bono lawyers near you?

A. There can be a pro bono lawyer near you. You can try to find them via the legal Aid Centre or you can also find them through sources. As there are many lawyers who want to do good for people

Q: What is a legal aid organization?

A: A legal aid organization is a non-profit group that provides free legal services to low-income individuals and families.

 

Q: How can I find a legal aid organization in my area?

A: Legal aid organizations can usually be found by searching online

 

Q: What is a pro bono attorney?

A: A pro bono attorney is a lawyer who provides legal services for free or at a reduced rate to individuals in need.

 

Q: How can I find a pro bono attorney?

A: Pro bono attorneys can usually be found through legal aid organizations.

 

Q: What is a law school clinic?

A: A law school clinic is a program offered at some law schools that allows law students to provide legal services under the supervision of a licensed attorney.

 

Q: How can I find a law school clinic?

A: Law school clinics can usually be found by contacting the law school directly or by searching online.

 

Q: Can I get free legal advice over the phone?

A: Yes, many legal aid organizations and pro bono attorneys offer free legal advice over the phone.

 

Q: Is it possible to get free legal advice online?

A: Yes, some legal aid organizations and pro bono attorneys offer free legal advice online through email or live chat.

 

Q: Is there a limit to the amount of free legal advice I can receive?

A: The availability of free legal advice may be limited and is subject to the discretion of the legal aid organization, pro bono attorney, or law school clinic.

 

Q: Can I get free legal advice for immigration issues?

A: Yes, many legal aid organizations and pro bono attorneys specialize in immigration law and can provide free legal advice for immigration issues.

 

Q: Can I get free legal advice for criminal cases?

A: Yes, many legal aid organizations and pro bono attorneys specialize in criminal law and can provide free legal advice for criminal cases.

 

Q: Can I get free legal advice for family law cases?

A: Yes, many legal aid organizations and pro bono attorneys specialize in family law and can provide free legal advice for family law cases.

 

Q: Can I get free legal advice for employment law cases?

A: Yes, many legal aid organizations and pro bono attorneys specialize in employment law and can provide free legal advice for employment law cases.

 

Q: Can I get free legal advice for personal injury cases?

A: Yes, some legal aid organizations and pro bono attorneys specialize in personal injury law and can provide free legal advice for personal injury cases.

 

Q: Can I get free legal advice for business law cases?

A: Yes, some legal aid organizations and pro bono attorneys specialize in business law and can provide free legal advice for business law cases.

 

Q: What should I expect when seeking free legal advice?

A: When seeking free legal advice, you should expect to provide information about your legal issue and to discuss your options with the legal professional.

SOURCES:-

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