Free legal services also include the provision of assistance and advice to beneficiaries so that they can access benefits under laws and social protection systems established by the central or state government and ensure access to justice. Finally, the Court held that it was the duty of the police authorities to bring the arrested person before the judge within 24 hours of his arrest, which is a mere violation of the fundamental right of an accused under Article 22 of the Constitution of India. The provision prohibiting detention without a provisional arrest warrant is a very healthy provision that allows judges to control police investigations, and if the judge finds a discrepancy in this regard, it should impose a heavy burden on the police. NALSA works closely with various state legal service agencies and district legal agencies to provide free legal aid to the public. The granting of free legal aid may include: -representation by a lawyer in legal proceedings. -preparation of pleadings, notice of appeal, paper book, including printing and translation of documents in court proceedings; -preparation of legal documents, request for special leave, etc. -provision of services in the conduct of a case or other legal proceeding before a court or other authority or tribunal, and; -Advice on all legal matters. The National Legal Services Authority (NALSA) was established under the Legal Services Authorities Act 1987 to provide free legal services to the weaker sections of society. The Honourable Supreme Court concluded that the right to free legal services, such as credit card claims assistance, is an essential element of a “reasonable, fair and just” trial for an accused, implicit in Article 21 of the Indian Constitution and that the state has a constitutional mandate to provide counsel to an accused. unless the accused objects to such an act by the state. The State should provide free legal aid to accused persons who, owing to lack of means, have been unable to provide legal assistance, and the State cannot avoid its obligation by invoking its financial or administrative responsibility. This constitutional obligation arises not only at the trial stage, but also at the stage when the accused is brought before the judge for the first time and even if he is remanded in custody from time to time.

Once the request has been submitted to the competent authority, it will be reviewed by the legal services entity concerned in order to assess the measures to be taken in this regard. Information on the next stage of the application would then be sent to interested parties. The Court also held that this right to free legal services is illusory for an indigent accused, unless the judge or trial judge before whom the accused was brought informs him of his or her right. It would be a mockery of legal aid to leave it to poor, ignorant and uneducated defendants to demand free legal advice for themselves. It would not solve the objective and it would become a mere promise on paper. Therefore, it is the duty of the magistrate or trial judge before whom the poor or destitute accused has been induced to inform that if that person cannot hire a lawyer because of his poverty or needs, he can do so using free legal services at the expense of the State. The only limitation is that the offence charged against the accused is such that, if convicted, it will lead to imprisonment, in which case social justice requires that he receive free legal assistance. Legal aid consists of providing free legal advice to the poor and weaker sections of society who cannot afford to use the services of a lawyer to conduct a case or judicial proceeding before the court, a judicial authority or a court. Section 39A of the Constitution of India provides that the State shall ensure that the functioning of the legal system promotes justice on the basis of equality of opportunity and, in particular, shall provide free legal aid through appropriate laws or systems or otherwise to ensure that opportunities for justice are denied to any citizen on account of economic or other disability. Articles 14 and 22, paragraph 1, also oblige the State to ensure equality before the law and a legal system that promotes justice based on equal opportunity for all.

Legal aid ensures that the letter and spirit of the constitutional promise are respected and that equal justice is granted to the poor, oppressed and weakest sections of society. The preamble to the Indian Constitution is essentially aimed at ensuring justice for the Indian people – socio-economically and politically. His Lordship Justice P.N. Bhagwati correctly stated that legal aid means the creation of an arrangement in society that makes the mechanism of administration of justice easily accessible and accessible to those who must rely on it to enforce their rights under the law. Article 38, paragraph 1, recognizes that the State promotes the well-being of the population by safeguarding and protecting social order, including justice. Article 21 clearly states that everyone has the same right to life and liberty, except in accordance with the procedure provided for by law. The State shall ensure that the functioning of the legal system promotes justice on the basis of equality of opportunity and, in particular, shall provide free legal aid through appropriate laws or systems or in any other manner to ensure that no citizen is deprived of the opportunity to administer justice because of economic or other obstacles. In Hussainara khatoon v. In the State of Bihar, it has been decided that if an accused cannot afford legal services, he or she is entitled to free legal aid at the State`s expense.

It is the duty of the State to ensure that the legal system promotes justice based on equality of opportunity for all its citizens. It must therefore ensure that legal aid is provided to those who do not have access to justice because of economic and other barriers. Also in Khatri II v. State of Bihar, (1981) 1SCC; In 1981, the honourable court stated that the constitutional obligation to grant legal aid arises from the moment the defendant is first brought before the judge and continues each time he is brought before the judge for pre-trial detention. and in another case, Madav Hayavadanrao Hoskot v. State of Maharashtra (1978)3 SCC 544, the court held that a person entitled to appeal against his conviction has the right to request a lawyer, prepare the appeal and plead. And the criteria for providing legal services to beneficiaries of the corporation are set out in section 12 of the Legal Services Authority Act 1987. Section 12 of the Act reads as follows: Any person who is required to initiate or defend a case shall be entitled to legal services under this Act if that person: (a) is a member of a scheduled caste or scheduled tribe; (b) victims of trafficking in human beings within the meaning of article 23 of the Constitution; (c) a woman or a child; (d) a person with a mental illness or other disability; (e) A person who may be in undeserved need, such as victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes or industrial disasters; or (f) an industrial worker; or (g) in detention, including in a protective institution within the meaning of section 2 (g) of the Prevention of Immoral Trafficking Act 1956 (104 of 1956); or in a youth home within the meaning of the clause.