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ENTITLEMENT TO LEGAL SERVICES
12. Criteria for giving Legal Services. - Every person who has to file or defend a case
shall be entitled to legal services under this Act if that person is -
(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) in receipt of annual income less than rupees nine thousand or such 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 rupees twelve thousand or such other higher amount as may be
prescribed by the Central Government, if the case is before the Supreme Court.
13. Entitlement to Legal Services.- (1) Persons who satisfy all or any of the criteria
specified in Section 12 shall be entitled to receive legal services provided that the
concerned Authority is satisfied that such person has a prima-facie case to prosecute or
to defend.
(2) An affidavit made by a person as to his income may be regarded as
sufficient for making him eligible to the entitlement of legal services under this Act
unless the concerned Authority has reason to disbelieve such affidavit.
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