Select Goal &
City
Select Goal
Explore
Comprehension
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 as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• 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]
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 as to which kind of cases one can apply and not apply for. Section 12 of the Act includesthe following:
• 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]
Question: 1
Divya was arrested by the police and charged with having committed a murder. She was convicted by the trial court and appealed to the high court. She lost her appeal there and decided to appeal to the Supreme Court. By this time she has run out of money, so she approaches NALSA and asks them to help her get an advocate who can represent her before the Supreme Court. Is Divya entitled to support from NALSA?
Divya was arrested by the police and charged with having committed a murder. She was convicted by the trial court and appealed to the high court. She lost her appeal there and decided to appeal to the Supreme Court. By this time she has run out of money, so she approaches NALSA and asks them to help her get an advocate who can represent her before the Supreme Court. Is Divya entitled to support from NALSA?
Updated On: Jul 9, 2024
- No, since she should have approached them at the beginning of the case before the trial court, and not at such a late stage.
- Yes, since her previous lawyers were incompetent, and that is why she lost the matter in the trial court and the high court.
- Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman
- No, since she had been accused of having committed the heinous crime of murder.
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman.
Was this answer helpful?
0
0
Question: 2
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?
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?
NALSA refuses to provide Divya free legal aid because they believe she does not have a genuine case to prosecute. Can NALSA do so?
Updated On: Jul 9, 2024
- 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.
- Yes, since Divya had earlier been prosecuted for the crime of murder.
- Yes, since Divya had already applied for free legal aid from NALSA in the past and could not repeatedly ask NALSA for such assistance
- No, since Divya is a woman, and is included within the list of people entitled to free legal aid from NALSA under Section 12 of the Act.
Hide Solution
Verified By Collegedunia
The Correct Option is A
Solution and Explanation
The correct option is (A): 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.
Was this answer helpful?
0
0
Question: 3
Incensed at Divya, Riya decides to file a civil case against Divya, claiming that Divya had violated the terms of a contract they had made some time back. Divya approaches NALSA for free legal aid to defend the matter, which NALSA agrees to provide. Since Riya is also short of funds, she too approaches NALSA for free legal aid. NALSA refuses to provide legal aid to Riya, since they are already providing Divya free legal aid in the same case. Is NALSA right in refusing free legal aid to Riya?
Incensed at Divya, Riya decides to file a civil case against Divya, claiming that Divya had violated the terms of a contract they had made some time back. Divya approaches NALSA for free legal aid to defend the matter, which NALSA agrees to provide. Since Riya is also short of funds, she too approaches NALSA for free legal aid. NALSA refuses to provide legal aid to Riya, since they are already providing Divya free legal aid in the same case. Is NALSA right in refusing free legal aid to Riya?
Updated On: Jul 9, 2024
- Yes, since NALSA cannot provide free legal aid to opposing parties in the same matter
- Yes, since NALSA does not provide free legal aid in civil matters
- No, since Divya had filed a frivolous case against Riya in the past, and Riya was entitled to retaliate by filing another case against Divya
- No, since Riya is a woman, and is entitled to free legal aid as long as NALSA is satisfied she has a genuine case.
Hide Solution
Verified By Collegedunia
The Correct Option is D
Solution and Explanation
The correct option is (D): No, since Riya is a woman, and is entitled to free legal aid as long as NALSA is satisfied she has a genuine case.
Was this answer helpful?
0
0
Question: 4
Farhan is an up-and-coming artist and makes a living selling his paintings. Since he is not very well known yet, he isn’t able to sell too many paintings, and is dependent on aid from the government and well-wishers. He reads about a new Central Government scheme in the papers one day, under which artists would be provided a monthly stipend by the local government. Since he finds the language of the scheme document very complex to understand, he approaches NALSA for help in understanding the scheme and obtaining the stipend. Is he entitled to free legal aid from NALSA in this regard?
Farhan is an up-and-coming artist and makes a living selling his paintings. Since he is not very well known yet, he isn’t able to sell too many paintings, and is dependent on aid from the government and well-wishers. He reads about a new Central Government scheme in the papers one day, under which artists would be provided a monthly stipend by the local government. Since he finds the language of the scheme document very complex to understand, he approaches NALSA for help in understanding the scheme and obtaining the stipend. Is he entitled to free legal aid from NALSA in this regard?
Updated On: Jul 9, 2024
- No, since free legal aid does not include provision of help to understand and access benefits under government schemes.
- No, since he does not fit within any of the categories under Section 12 of the Act
- Yes, since free legal aid includes provision of help to understand and access benefits under government schemes.
- Yes, since he is a struggling artist, and is dependent on aid for survival
Hide Solution
Verified By Collegedunia
The Correct Option is B
Solution and Explanation
The correct option is (B): No, since he does not fit within any of the categories under Section 12 of the Act.
Was this answer helpful?
0
0
Question: 5
Vikram is a rich businessman and has a huge art collection. Farhan invites Vikram to his studio one day, hoping to convince Vikram to buy some of his paintings. Vikram doesn’t buy any of his paintings, but after he leaves, Farhan notices that one of his newest paintings is missing. He suspects that Vikram has stolen it, and complains to the police, who promptly arrest Vikram. Vikram approaches NALSA for free legal aid, so that he can obtain bail. Is Vikram entitled to free legal aid from NALSA?
Vikram is a rich businessman and has a huge art collection. Farhan invites Vikram to his studio one day, hoping to convince Vikram to buy some of his paintings. Vikram doesn’t buy any of his paintings, but after he leaves, Farhan notices that one of his newest paintings is missing. He suspects that Vikram has stolen it, and complains to the police, who promptly arrest Vikram. Vikram approaches NALSA for free legal aid, so that he can obtain bail. Is Vikram entitled to free legal aid from NALSA?
Updated On: Jul 30, 2024
- No, since he is a rich businessman and can hire a lawyer with his own money.
- Yes, since he was innocent.
- Yes, since he was in police custody
- No, since he had stolen from a struggling artist.
Hide Solution
Verified By Collegedunia
The Correct Option is C
Solution and Explanation
The correct option is (C): Yes, since he was in police custody.
Was this answer helpful?
0
0
Top Questions on Judiciary
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
One of the key provisions of the Act is the establishment of Juvenile Justice Boards (JJBs) at the district level. These boards consist of a Metropolitan Magistrate or Judicial Magistrate of the first class and two social workers, at least one of whom should be a woman. The primary function of the JJB is to determine the age of the juvenile, the circumstances in which the offense was committed, and whether the juvenile should be sent to a special home or released on probation.
The Act makes a clear distinction between a “child in conflict with the law” and a “child in need of care and protection.” A child in conflict with the law is one who has committed an offense, while a child in need of care and protection is a child who is vulnerable or at risk and requires special care and support.
The Act introduces a unique approach to dealing with children who are in conflict with the law. For children between the ages of 16 and 18, who have committed heinous offenses, they can be tried as adults, subject to a preliminary assessment by the Juvenile Justice Board. This assessment considers the child’s mental and physical capacity to commit such an offense. If the board determines that the child should be tried as an adult, the case is transferred to the regular criminal courts.
The Act also places restrictions on the publication of information that could lead to the identification of a juvenile offender. This is done to protect the privacy and future prospects of the child. - Who among the following jurists has divided the formal sources and material sources?
- In which of the following case, the Supreme Court has held that the states cannot be directed to publish charge sheet and final reports on state's websites for public access?
- Which of the following Section of Juvenile Justice Act, 2015 provides that where an offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 is punishable with imprisonment for a term more than seven years, then such offence shall be cognizable and non bailable.
- Rule of 'ejusdem generis' means.
View More Questions
Questions Asked in CLAT exam
- A survey was conducted about the population of a particular region having working population of three lacs and information was collected about self-employed persons, casual wage workers, regular salaries employees of both urban and rural areas of the region. Self-employment is a key source of income in both rural and urban areas but it is more prevalent in rural areas (56% of the rural population) than in urban areas (40% of the urban population). Rural population was 48% of the total population. Regular salaried workers in urban areas were 48% of the urban population whereas in rural areas, regular salaried workers constituted 12% of the rural population. During the survey, the casual wage workers were found to be more common in rural areas than in urban areas. Casual wage workers in rural areas were 32% of the rural population whereas it was 12% of the urban population in urban areas.
Based on the above information, answer the following questions- CLAT - 2024
- Percentage
- Automobiles are the most preferred mode of transport because they allow us to cover large distance quickly. Resultantly, vehicles have been developed that run on diesel, petrol and even on electricity, which is a remarkable innovative development. During a survey about the percentage wise distribution of cars in four different states, the information regarding ratio between the diesel engine cars, petrol engine cars and electric cars was collected. Total number of cars for which data was collected was 8000. Of these, State 1 had 15% of the total cars in the ratio of 3:4:1 (diesel, petrol and electric); State 2 had 20% of the total cars in the ratio of 5:3:2 (diesel, petrol and electric); State 3 had 30% of the total cars in the ratio of 4:5:3 (diesel, petrol and electric), and; State 4 had 35% of the total cars in the ratio of 7:5:2 (diesel, petrol and electric).
Based on the above information, answer the following questions.- CLAT - 2024
- Percentage
- In a world where aspirations for upward mobility are fervent, the opportunities for achieving such dreams remain limited. When one generation falls short, the mantle of ambition passes to the next, embedding within it a heavy burden of responsibility. Failing to meet these expectations can lead to profound sorrow, and in the direst cases, even to suicide. It’s in this landscape that coaching institutes assume a significant role, cultivating an atmosphere of uncertainty among students and parents. A stark discrepancy emerges between preparation for board examinations and competitive tests, amplifying the inequalities that plague the education system. The coaching industry’s massive marketing campaigns further exacerbate the situation, with some strategies veering into ethical grey areas. The tests themselves, designed to be more challenging than standardised exams, set the stage for feelings of inadequacy and self-doubt when not conquered. Our educational system is tailored to gauge an individual’s merit through examinations. Eminent thinker Michael J Sandel dubs this system the “tyranny of merit”, a sentiment echoed by the Supreme Court of India. Upholding the OBC reservation judgment, the Court called for a deeper evaluation of the “idea of merit”, highlighting its nuanced nature. Merit as a concept remains shrouded in misunderstanding and often goes unexamined within school curriculum. Adapting to new living arrangements, sourcing nourishing meals, battling isolation, and grappling with commutes form the backdrop against, which education unfolds. For marginalised communities and gender minorities, these hurdles are often amplified. Social media algorithms exacerbate mental health concerns, sowing loneliness and impeding attention spans and creativity. Technology emerges as a potential equaliser in this landscape. Online platforms now offer preparation opportunities from the comfort of one’s home. Government-curated or market-driven content could usher in a new era of accessibility.
- CLAT - 2024
- Verbal Reasoning
- Imagine you have just been appointed as a consultant for a manufacturing company that is experiencing a decline in its production efficiency. The company produces a wide range of products, and the management is concerned about the overall output. Your task is to identify the root causes of this decline and recommend solutions.
As you begin your investigation, you gather information and observe the following:
• The company recently introduced a new production system that is more automated but requires highly specialized operators.
• The workforce has reported a lack of motivation and job satisfaction, which has led to increased absenteeism.
• There have been several breakdowns in the new machinery, leading to production delays and quality issues.
• The company’s competitors have adopted similar automation technologies and are experiencing increased productivity.
• Customer complaints about product quality have increased in recent months.- CLAT - 2024
- Verbal Reasoning
- Students have been abuzz over how artificial intelligence tools can do their homework and programmers over how these can increase their productivity or take away their jobs. As much as digitization has transformed the country in recent years, there is a widespread feeling that at some point around the horizon, AI shall rejig everything in even more fundamental, fantastic, and frightening ways. This is why deciding how the coming changes should be regulated is very important. TRAI has made a strong case for an independent statutory authority to ensure the responsible development and use of AI in the country, a global agency along similar lines shall likely be pitched at the G20 leaders’ summit, and interestingly even American MNC Microsoft has floated a blueprint for AI governance in India. The great size and diversity of its “data points” make India of great interest to all developers of AI technologies.
But India is only at their receiving end, nowhere close to the US and China’s advances. Although lately, it is becoming obvious how much state censorship is encumbering China’s large language modeling, the country is still very much in the game with PhDs in fields related to AI, investments in AI chip hardware design, and domestic generative models like Wu Dao. The scientific accomplishments of India’s Chandrayaan mission have seen it being wooed for various international space collaborations. This promises spinoff technological benefits across Indian industry and is also geo-strategically useful. Likewise, it is only with sufficient AI prowess that India shall really get to play at the high table of global rulemaking for AI.
Knowing how much Indians’ future shall be shaped by generative AI needs matching efforts to create indigenous models. In this and at this stage, a proactive government role is key, rather than just waiting on some large corporation to do the needful. Missing this bus will after all be even more costly than missing the chip research one. Plus, GOI alone can push academia-industry collaborations with the necessary weight and urgency. This does not let other institutions off the hook. A US judge has rejected the copyright for an AI-generated artwork. Indian courts should start engaging with the broader issue of non-human agency rather than wait for precedence to be set elsewhere. Indian schools need to think beyond the ban-ChatGPT mindset. Let us lead instead of only being led.
[Extracted from “First, get the tech: Unless India develops domestic AI heft, it wouldn’t play any meaningful part in global regulatory efforts”, Times of India]- CLAT - 2024
- Verbal Reasoning
View More Questions
SUBSCRIBE TO OUR NEWS LETTER
COLLEGE NOTIFICATIONSEXAM NOTIFICATIONSNEWS UPDATES
Download the Collegedunia app on 
© 2024 Collegedunia Web Pvt. Ltd. All Rights Reserved