Pro bono (short for pro bono publico, Latin: "for the public good") refers to the provision of legal services by advocates without charge or at significantly reduced fees, undertaken voluntarily in the interests of access to justice and public welfare. Under Indian law, the obligation of the State to provide free legal aid is rooted in Article 39A of the Constitution, and the Department of Justice has established a formal Pro Bono Legal Services Programme to match eligible persons with advocates willing to offer free representation.
Legal definition
The term "pro bono" does not have a statutory definition in Indian law, but the constitutional and legislative framework creates the foundation for free legal services:
Article 39A of the Constitution of India: The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The Department of Justice, Government of India, established the Pro Bono Legal Services Programme to fulfil this constitutional mandate. Under this programme, advocates voluntarily register to provide free legal representation to eligible persons — including women, children, Scheduled Caste and Scheduled Tribe members, persons with disabilities, victims of trafficking, industrial workmen, persons in custody, and persons whose annual income is below the prescribed limit.
Section 30 of the Advocates Act, 1961 provides the general framework under which advocates may offer pro bono services, while the Legal Services Authorities Act, 1987 creates the institutional structure for free legal aid through NALSA and its subsidiary bodies.
How courts have interpreted this term
Hussainara Khatoon v. Home Secretary, State of Bihar [AIR 1979 SC 1369]
The Supreme Court held that the right to free legal aid is a fundamental right under Article 21 of the Constitution. The Court observed that a procedure which does not make legal services available to an accused who is too poor to afford a lawyer cannot be regarded as fair, just, and reasonable. This landmark decision established that free legal services are not charity but a constitutional right of the disadvantaged.
M.H. Hoskot v. State of Maharashtra [(1978) 3 SCC 544]
The Supreme Court held that the right to legal representation is part of the right to personal liberty under Article 21. If an accused is unable to afford a lawyer, the State is constitutionally obligated to provide one. The Court directed that free legal aid should be provided at all stages — from arrest through trial and appeal.
Why this matters
Pro bono legal services fill a critical gap in India's justice delivery system. Despite the constitutional mandate of Article 39A and the institutional framework of NALSA, millions of Indians — particularly those in rural areas, undertrial prisoners, and economically disadvantaged communities — lack effective access to legal representation. Pro bono advocacy by the legal profession supplements the State's efforts and brings expertise and dedication to cases that would otherwise go unrepresented.
For advocates, pro bono work serves both a professional obligation and a practical function. While there is no statutory requirement for Indian advocates to perform a minimum number of pro bono hours (unlike some other jurisdictions), the Bar Council of India's rules of professional conduct encourage advocates to render legal aid to the indigent and oppressed. Many leading law firms and individual advocates maintain active pro bono practices.
The Department of Justice's Pro Bono Legal Services Programme provides a structured mechanism for matching eligible persons with volunteer advocates. Eligible persons can register through the programme's portal, and registered advocates receive case referrals based on their areas of practice and geographic location.
Related terms
Related concepts:
Broader concepts:
Frequently asked questions
Is pro bono work mandatory for advocates in India?
No. There is no statutory requirement for Indian advocates to perform a minimum number of pro bono hours. However, the Bar Council of India's rules of professional conduct encourage advocates to render legal aid to the indigent. Many law firms and advocates voluntarily maintain pro bono practices as part of their professional and social responsibility.
Who is eligible for pro bono legal services in India?
Under the Department of Justice's Pro Bono Legal Services Programme and the Legal Services Authorities Act, 1987, eligible persons include women, children, Scheduled Castes, Scheduled Tribes, persons with disabilities, victims of trafficking, industrial workmen, persons in custody, persons affected by mass disasters, and persons whose annual income is below five lakh rupees.
What is the difference between pro bono and legal aid?
Pro bono refers to voluntary free legal services provided by individual advocates or law firms. Legal aid is the institutionalised system of free legal services provided through NALSA and its subsidiary bodies, funded by the government. Both serve the same goal of access to justice, but pro bono is voluntary while legal aid is a statutory right.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.