Centre revises guidelines to help poor prisoners unable to pay fines, arrange sureties

Citing a “sub-optimal” response from several States and Union Territories in implementing the ‘Support to Poor Prisoners’ scheme, the Ministry of Home Affairs (MHA) has revised its guidelines, introducing fixed timelines and mandating the involvement of senior officials.

Launched in 2023, the scheme seeks to provide financial assistance to indigent prisoners whose release was stalled solely due to their inability to pay court-imposed fines or furnish bail sureties.

In an advisory, the Ministry noted that implementation across many States and Union Territories had been inadequate, thereby undermining the scheme’s core objective. The Ministry issued revised guidelines aimed at strengthening institutional mechanisms and ensuring swift and effective execution.

Urging the States and Union Territories to implement the scheme in letter and spirit, the MHA said it had the potential not only to alleviate the hardships faced by poor prisoners but also help reduce overcrowding in prisons.

Centre allocates ₹20 crore to bail out poor prisoners 

Under the revised framework, the district-level Empowered Committee tasked with scrutinising and approving eligible cases would include a nominee of the District Collector and the judge in-charge of the prison concerned, nominated by the District Judge.

Going by the revised guidelines, when a convicted prisoner is unable to secure release due to non-payment of a fine, the Jail Superintendent must inform the Secretary of the District Legal Services Authority (DLSA) within a week. After verifying the prisoner’s financial status, the DLSA Secretary will recommend the case to the Empowered Committee, which may sanction a financial assistance of up to ₹25,000 to be deposited with the court to facilitate the prisoner’s release. Similar provisions apply to eligible undertrial prisoners.

Exemptions

However, the scheme excludes persons accused of offences under the Prevention of Corruption Act, Prevention of Money Laundering Act, the Narcotic Drugs and Psychotropic Substances Act, and the Unlawful Activities (Prevention) Act, and any other laws that may be notified later.

The benefit is also denied to those accused of heinous crimes, including acts of terrorism, offences affecting national security, dowry deaths, rape, human trafficking, and offences under the Protection of Children from Sexual Offences (POCSO) Act.

The MHA has directed Empowered Committees to strictly adhere to these exclusions while implementing the scheme.