In line with Bar Council of India rules, this website is for information only. It is not an advertisement or a solicitation of work.

Courts & procedure

Can I get free legal aid if I cannot afford an advocate?

General legal informationUpdated

Reading time
3 min
Sections
6
Questions
4
Official sources
4
On this page

The short answer

Yes, if you are eligible. Under the Legal Services Authorities Act, 1987, the Odisha State Legal Services Authority and the District Legal Services Authorities provide free legal services to eligible people, including women, children, persons with disabilities and those below the income limit.

Who is eligible

Section 12 of the Legal Services Authorities Act, 1987 entitles the following persons to free legal services:

  • a member of a Scheduled Caste or Scheduled Tribe;
  • a victim of trafficking in human beings or of begar (forced labour);
  • 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 in a protective home, juvenile home, or psychiatric hospital or nursing home; and
  • a person whose annual income is below the limit fixed by the State Government.

The income limit in Odisha

For cases other than those in the Supreme Court, the income limit in Odisha is ₹3,00,000 a year. Under the Odisha rules as amended, the income ceiling does not apply to transgender persons, persons living with HIV or AIDS, and senior citizens. An affidavit of income may be accepted as sufficient proof. The Authority also considers whether there is a prima facie case.

Legal services include advice, and representation by a panel lawyer in a case at any stage, along with payment of court fees and other charges, preparation of documents, and supply of certified copies of orders.

Where to apply

  • Odisha State Legal Services Authority, Cuttack (oslsa.nic.in)
  • District Legal Services Authority in each district, usually at the district court premises
  • Taluk or sub-divisional Legal Services Committees and legal aid clinics
  • High Court Legal Services Committee, for matters in the Orissa High Court
  • Online through the National Legal Services Authority, or by calling the NALSA helpline 15100

How to apply

  1. Write a short application stating your name, address, the nature of the case and why you are eligible.
  2. Attach proof of eligibility, such as a caste certificate, disability certificate or income affidavit, and copies of any case papers.
  3. Submit it to the nearest legal services authority or committee, or apply online.
  4. If the application is accepted, a panel lawyer is assigned to the matter.

Lok Adalats

Legal services authorities also hold Lok Adalats, where cases, including those pending in court, can be settled by agreement. An award of a Lok Adalat is treated as a decree of a civil court and is final; no appeal lies against it.

See also how Lok Adalats and mediation work in Odisha, running your own case as a party in person, bail in Odisha for a person in custody, and the disability certificate (UDID), which is one way to show eligibility.

This page is general information about a public scheme. The legal services authorities operate independently of any private advocate.

Frequently asked questions

Do I have to pay anything for legal aid?

No. If you are eligible and your application is accepted, legal services, including the lawyer's fees and court fees, are provided free of charge.

Can I get legal aid for a case that is already going on?

Yes. Legal services can be given at any stage of a case, including appeals.

Can I choose my own lawyer?

Generally the Authority assigns a lawyer from its panel. If you have concerns about the lawyer assigned, you can raise them with the Authority.

What is the income limit for legal aid in Odisha?

₹3,00,000 a year for cases other than those in the Supreme Court. The ceiling does not apply to certain groups, and categories such as women, children and persons in custody are eligible regardless of income.

Official sources

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.

Published by

Chambers of Dhwanit Mishra, Advocate

Enrolled with the State Bar Council of Odisha; chambers at Patia, Bhubaneswar. Written as general information on the law and procedures in Odisha, checked against the official sources listed above. It is not legal advice and does not create an advocate–client relationship.

Contact

Contact details

Meetings by prior appointment in Patia, Bhubaneswar.