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; 

“(aa) a senior citizen or a transgender;”; and

(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;  

4[(d) a person with disability as defined in clause (i) of section2 of the Persons With Disabilities  (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]

(e) a person under circumstances of underserved 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  section2 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 section2 of the  Mental Health Act, 1987 (14 of 1987); or  

1[(h) in receipt of annual income less than rupees five lakhs 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 “seven lakhs” or such other higher amount as may be prescribed by the  Central Government, if the case is before the Supreme Court.]  

4. Subs. by Act 1 of 1996, s. 74, for clause (d) (w.e.f. 7-2-1996).

1. Subs. by Act 59 of 1994, s. 10, for clause (h) (w.e.f. 29-10-1994).

13. Entitlement of 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 aprima 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.