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Eligibility
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The sections of the society as enlisted under Section 12 of the Legal Services Authorities
Act are entitled for free legal services, they are :
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a.) A member of a Scheduled Caste or Scheduled Tribe;
b.) A victim of trafficking in human beings or begar as referred to in Article 23
of the Constitution;
c.) A woman or a child;
d.) A mentally ill or otherwise disabled person;
e.) A person under circumstances of undeserved want such as being a victim of a
mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial
disaster; or
f.) An industrial workman; or
g.) In custody, including custody in a protective home within the meaning of clause
(g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or
in a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile
Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or psychiatric nursing
home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14
of 1987);or
h.) a person in receipt of annual income less than the amount mentioned in the following
schedule (or any other higher amount as may be prescribed by the State Government),
if the case is before a Court other than the Supreme Court, and less than Rs 5 Lakh,
if the case is before the Supreme Court.
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As Per Section 19 of BSLSA, Regulation, 1998:-
Following Persons will be eligible
for Legal Aid:-
[Every person who is a bonafide resident of Bihar and who has
to file or defend a case in any Civil, Criminal, or Revenue Court or before any
tribunal, Juvenile Justice Board, consumer forum or any other Judicial or quasi
Judicial Authority, shall be entitled to legal services, if that person is entitled
for legal services under section 12 of Legal Services Authorities Act, 1987 or if
he is—
(a) a transgender; or
(b) a senior citizen: or
(c) a person infected with
HIV or suffering from Cancer of any type; or
(d) a worker of unorganized sector
or:
(e) an acid attack victim or;
(f) a person having annual income not more than
Rs. 1,50,000 or as may be fixed under Rule 16 of Bihar State Legal Services Authorities
Rules, 1996 from time to time or;
(g) Notwithstanding the limit of income, the Legal
Services Committee, District Authority or State Authority may grant Legal Aid in
the following matters :¬
(i) in case of great public importance:
(ii) in a case
, the decision of which is likely to affect numerous persons belonging to the weaker
section of the community.
(iii) in any other case in which any person , for reasons
to be recorded in writing by the Chairman is entitled to Legal Aid.]
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A woman is entitled for free legal aid irrespective of her income or financial status.
A woman is eligible to apply for free legal aid by virtue of Section 12(c) of the
Legal Services Authorities Act, 1987.
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A child is eligible for free legal aid till the age of majority i.e. 18 years. This
is effectuated by Section 12 (c) of the Legal Services Authorities Act, 1987.
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