Question

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? (Answer the question after reading the following paragraph).

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 includes

the 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]

Option A: No, since he is a rich buisness man and can hire a lawyer with his own money.

Option B: Yes, since he was innocent.

Option C: Yes, since he was in police custody.

Option D: No, since he had stolen from a struggling artist.

Correct Answer

Option: c

Explanation

Section 12 of this Act provides Criteria for giving legal services.

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