1. National Legal Services Authority (NALSA): NALSA is established by the central government and is the supreme body responsible for providing free legal aid. It was established under section 3 of the Legal Services Authorities Act 1987, which provides that the central government shall establish a body called the National Legal Services Authority for the purpose of exercising the powers and functions conferred or assigned to the Central Authority under that Act. This issue is extremely important because almost 50 per cent of the population lives below the poverty line, and about 70 per cent are illiterate, and many sections of the population simply do not know that if they cannot afford to be represented by a lawyer in criminal proceedings, they are entitled to free legal aid at the expense of the State. 4 Legal aid in itself means providing legal aid or any form of legal aid to persons who need it. There have been several cases where we have found that many people cannot appeal to the court because of poverty and lack of other amenities and are denied justice. In modern India, where lawyers` fees are skyrocketing, the need for free legal aid has become very important in establishing the authority of justice and maintaining people`s confidence in the law and the nation`s legal apparatus. 1. Authorities under the LSA Act: the data subject must submit an application to the competent authority. The application must contain all complaints filed by the applicant and the corrective action requested by the applicant. The application must also be accompanied by an affidavit stating that the applicant is entitled to such legal aid under section 12 of the LSA Act and is not excluded by law. The form for such a request is available free of charge in all the above-mentioned institutions.
2. Legal Aid Clinics: These clinics are established by the District Legal Services Administration to provide legal assistance. These clinics are set up in villages and areas where people cannot get legal help on their own. 3. Non-governmental organizations: Several NGOs work in various fields and fields, including prisons, to provide legal assistance to people who cannot afford legal aid and who need legal assistance. 4. Lawyers who do pro bono work: Many lawyers are on the side of classic litigation work and take the initiative to offer free legal assistance and low-cost legal help or advice to those in need. For this purpose, the person concerned must be aware of these lawyers.
In this context, the Indian criminal justice system must now focus on ensuring the effectiveness of legal aid. To do this, the article first examines the current standards used by Indian courts to adjudicate ineffective maintenance claims. Second, it shows how relying on U.S. jurisprudence to fill gaps in India`s legal framework can do more harm than good. Finally, the article concludes and makes suggestions for reform. This appeal was based on the fact that the applicant had not been represented before the Session Court in his original proceedings under Section 302 of the Indian Penal Code (Penalty for Murder) and other offences. A lawyer was appointed to represent the complainant, but filed a request to withdraw the case. Despite the rejection of this request by the session judge, the lawyer did not appear at the hearing. The proceedings took place without the assistance of a lawyer or without the court informing him that he could use the services of a lawyer under free legal aid. According to their judgement of 26 June 2008, the learned judges equated the above-mentioned circumstances with cases in which the accused has no representative.
The key question raised during the appeal was: “If the lawyer acting for the defendant makes a request for withdrawal that is rejected by the court and the lawyer does not appear at trial, is the trial court required to require the defendant to make alternative arrangements for the appearance of a lawyer or to appoint a lawyer for the defendant under the legal aid scheme?” Judgment in Suk Das and another vs. Union Territory Arunachal Pradesh and Khatri and Others v. State of Bihar and Others, the Supreme Court held that the conviction of an appellant who was not represented by a lawyer clearly violated the applicant`s fundamental rights under article 21 of the Constitution. The proceedings were therefore declared null and void and the conviction and judgment against the applicant were quashed. As soon as a lawyer requests withdrawal and decides not to appear, it is up to the courts to inform the defendant, appoint another lawyer or inform him that he is entitled to free legal aid if he so wishes. The trial should therefore not have continued in this case if the accused had not been informed of his right to be represented by counsel. The magistrate or trial judge before whom an accused appears is obliged to inform the defendant that if he is unable to avail himself of a lawyer because of poverty or destitution, he is entitled to free legal advice at the expense of the State. The right to a fair trial includes the right to legal assistance. This is part of the right to life enshrined in Article 21 of the Constitution of India. A new trial was ordered and the eminent judges reiterated the burden on the courts and the State to provide free legal aid. In so doing, they considered it appropriate for the Land Government to review the rules governing the granting of legal aid and to establish appropriate remuneration for lawyers under the legal aid scheme. He was instructed to transmit a copy of the judgement of 26 June 2008 to the Secretary-General of the State of Maharashtra for compliance and to the Registrar General to refer the case to the Chief Justice for investigation.
Article 304 of the Code of Criminal Procedure is a provision which, in certain cases, provides for legal aid for the accused at the expense of the State. The Bombay High Court of Justice has promulgated certain rules under section 304 on legal aid for unrepresented defendants in the Courts of Session. These rules entered into force in October 1982 and required the presiding judge to explain the provisions of the Legal Aid Code to each unrepresented accused as soon as the accused was first brought before the presiding judge. If the accused confirms that his income does not exceed Rs 5,000 per annum, he will be asked whether he wishes to apply for legal aid. Conclusion – “Equality, justice and freedom” is the trinity of a fair trial recognized in the administration of Indian justice, where the rich and the “weak and lost” have equal access to justice in the administration of justice in general and in the criminal justice system in particular. This fundamental principle of fair trial originated in the International Covenants and enshrined in the Indian Constitution and the criminal laws that shape India`s criminal justice system. The beauty of ingrained principles is that a lot of material is summed up in small words. Impetus is essential for means (criminal proceedings) that must be reliable in order to achieve just objectives.
The Constitution of India establishes a social policy that concerns equality of justice and free legal aid “through appropriate laws or systems or otherwise to ensure that opportunities for justice are not denied to any citizen on account of economic or other handicaps.” This social policy aims to: “Necessity should never be a reason for denying a fair trial or equal justice. Particular attention should be paid to appointing competent lawyers who are up to the task of handling complex cases and not to condescending gestures towards brutal entrants to the bar association. Article 304 of the 1973 Code of Criminal Procedure allows the courts of session to appoint the litigant to defend the defendant at the expense of the State, unless he is represented and the court is satisfied that he does not have sufficient resources to engage a litigant.