Free legal aid is a right in India. Article 39A of the Constitution requires the State to make sure no one is denied justice for lack of money. Section 12 of the Legal Services Authorities Act, 1987 lists who qualifies: women and children, SC and ST members, persons in custody, persons with disabilities, victims of trafficking, industrial workmen, disaster victims, and people below the income limit their state has notified. You can apply at your District Legal Services Authority (DLSA), online through the NALSA website, or by calling the NALSA helpline 15100.
| Point | Position |
|---|---|
| Constitutional basis | Article 39A: equal justice and free legal aid |
| Who is eligible | Legal Services Authorities Act, 1987, s.12 categories (listed below) |
| Income limit | Set by each state for courts below the Supreme Court; for example ₹3,00,000 a year in Uttar Pradesh, as listed by NALSA |
| Proof of income | An affidavit is generally enough (s.13(2)) |
| Where to apply | DLSA or Taluk Legal Services Committee; online Legal Aid Application on NALSA’s website; helpline 15100 |
| Decision time | Immediately, and not later than 7 days (NALSA Regulations, 2010, reg. 7(2)) |
| Criminal cases | Legal Aid Defense Counsel System offices in 668 districts (as on 30 September 2025) |
| Lok Adalat award | Final and binding; no appeal (s.21) |
Who can get free legal aid (Section 12)
- A member of a Scheduled Caste or Scheduled Tribe.
- A victim of trafficking in human beings or begar, as referred to in Article 23.
- A woman or a child.
- A person with a mental illness or other disability.
- A person in undeserved want, such as a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster.
- An industrial workman.
- A person in custody, including custody in a protective home, juvenile home, or psychiatric hospital or nursing home.
- A person whose annual income is below the limit notified by the state government, or by the Central Government for cases in the Supreme Court.
Note that women and children qualify whatever their income. So do persons in custody. Income limits matter only for people who do not fall in any other category. NALSA’s eligibility page lists the limit for every state and union territory: ₹3,00,000 a year for Uttar Pradesh, Delhi and Maharashtra, for example, and lower figures in some states. Check your state’s current figure before applying.
How to apply
- Visit the DLSA. Every district court complex has a District Legal Services Authority office, often called the front office. Taluk or sub-division level committees work in smaller towns. You can apply in writing on the prescribed form, or orally, in which case a staff member or paralegal volunteer records your request.
- Apply online. Use the Legal Aid Application link on the NALSA website or your State Legal Services Authority website. The application goes to the authority concerned.
- Call 15100. NALSA’s helpline gives legal advice and guides you to the right legal services office.
- Give basic papers. Your identity, a short note of the problem, any court papers, and an income affidavit if you apply on the income ground.
- Get a decision. Under the NALSA (Free and Competent Legal Services) Regulations, 2010, the application must be decided immediately and within seven days. Aid can be advice, drafting, or a panel lawyer to appear for you in court, free of cost.
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Free lawyers in criminal cases: the Legal Aid Defense Counsel System
NALSA has set up the Legal Aid Defense Counsel System, which works like a public defender’s office. Dedicated lawyers are attached to the DLSA and handle the defence of eligible accused persons from the stage of arrest and remand through trial and appeal. As on 30 September 2025, 668 districts had a functional office, according to a government statement.
If you or a family member is arrested, ask for a legal aid lawyer at the police station or in front of the Magistrate. Persons in custody are eligible under Section 12. See rights of an arrested person under BNSS.
Lok Adalats and Permanent Lok Adalats
Legal services authorities also organise Lok Adalats under Sections 19 to 22 of the Act.
- What they handle (s.19): cases pending in court and disputes not yet filed. They cannot deal with an offence that is not compoundable under any law.
- How a case reaches them (s.20): a court refers a pending case when the parties agree, or on one party’s application if settlement looks possible. A pre-litigation dispute can be referred on one party’s application after hearing the other side.
- Effect of the award (s.21): the award is treated as a decree of a civil court. It is final and binding on all parties, and no appeal lies against it. When a pending case is settled, the court fee paid is refunded.
- Permanent Lok Adalats (ss.22A to 22E): set up under Section 22B for public utility services such as transport, postal and telephone services, electricity, water, sanitation, hospitals and insurance. If the parties do not settle, the Permanent Lok Adalat can decide the dispute on merits, so long as it does not involve a non-compoundable offence. Its pecuniary limit is ₹1 crore after the 2015 notification. Its award is final and binding.
Example: Lakshmi, a domestic worker in Pune, is being evicted without notice. As a woman she qualifies for free legal aid whatever her income. She calls 15100, is guided to the Pune DLSA, and a panel lawyer is assigned to reply to the notice and appear for her.
Frequently asked questions
Is legal aid only for poor people?
No. Women, children, SC and ST members, persons in custody, persons with disabilities and other Section 12 categories qualify regardless of income.
Can I choose my own lawyer under legal aid?
Legal aid lawyers are assigned from the authority’s panel. You can raise concerns about the lawyer with the legal services authority.
Can I appeal a Lok Adalat award?
No. Section 21 makes the award final and binding with no appeal. Settle only on terms you accept.
What does a Permanent Lok Adalat do differently?
It deals with public utility services, and can decide the dispute on merits if conciliation fails. Its limit is ₹1 crore.
What is 15100?
NALSA’s national legal aid helpline. It gives advice and connects you with the legal services authority for your area.
Quick quiz
Q1. Which Article of the Constitution deals with free legal aid?
- Article 21A
- Article 39A
- Article 32
- Article 14
Show answer
Answer: B. Article 39A: equal justice and free legal aid.
Q2. A Lok Adalat award under Section 21 is:
- Appealable to the District Judge
- Final, with no appeal
- Only advisory
- Appealable to the High Court within 30 days
Show answer
Answer: B. Section 21(2) makes the award final and binding; no appeal lies.
Q3. Permanent Lok Adalats for public utility services are set up under:
- Section 12
- Section 19
- Section 22B
- Section 39A
Show answer
Answer: C. Section 22B of the Legal Services Authorities Act, 1987.
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Sources
- Constitution of India: Articles 39A and 23
- Legal Services Authorities Act, 1987: Sections 12, 13, 19, 20, 21, 22, 22A to 22E
- National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010: Regulation 7
- Central Government notification of 20 March 2015 raising the Permanent Lok Adalat limit to ₹1 crore
- NALSA Legal Aid Defense Counsel Scheme, 2022
- NALSA eligibility page (state-wise income limits)
This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
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