Heinous crime accused kept out of financial aid for poor prisoners

The benefits of the Union Home Ministry’s scheme for support to poor prisoners will not be available to undertrial prisoners accused of heinous crimes such as acts of terrorism, dowry deaths, rape, human trafficking, or offences under the POCSO Act, according to revised guidelines.

Earlier, the benefits were not available to only those facing charges under the Prevention of Corruption Act, Prevention of Money Laundering Act, NDPS Act, and Unlawful Activities Prevention Act, among others.

“Persons involved in heinous crimes such as acts of terrorism, offences affecting national security, dowry deaths, rape, human trafficking, or offences under the POCSO Act may also not be extended the benefit of the scheme,” the revised guidelines said.

The ministry has directed the Empowered Committee and Oversight Committee of states and Union territories to exercise due caution in this regard. The revised guidelines have also increased the limit of financial assistance available at the Empowered Committee’s discretion from Rs 40,000 to Rs 1 lakh per prisoner now.

The ministry’s ‘Support to Poor Prisoners’ Scheme’ launched in May 2023 provides financial assistance to States and UTs for extending relief to poor prisoners who are unable to secure bail or release from prison due to non-payment of fine.

Funds to States and UTs are provided through the central nodal agency (CNA). The National Crime Records Bureau has been designated as the CNA for this scheme.

The ministry noted that the implementation of the scheme in many States and UTs has been inadequate and sub-optimal, directly impeding the realization of its core objectives.

The ministry said it has reviewed the existing guidelines and SOP with a view to further “strengthening and streamlining the procedures to ensure swift and effective implementation” of the scheme. It asked all States and UTs to adopt these provisions and initiate necessary action to implement the scheme in line with the revisions. “It is requested that the guidelines may be disseminated to all concerned authorities to ensure full institutional compliance,” the ministry said.

“If the bail amount is higher than Rs 50,000, the Empowered Committee may exercise discretion to pay a higher amount not exceeding Rs 1 lakh,” it said.

“If the Empowered Committee declines to exercise discretion, it would inform the secretary, District Legal Services Authority, forthwith of its decision by e-mail (and not later than two days), to enable the secretary, DLSA, to instruct a legal aid advocate to move the court granting bail or any superior court to have the surety amount reduced,” it said.

In cases where the surety amount exceeds Rs 1 lakh or where the Empowered Committee does not exercise its discretion to sanction any amount between Rs 50,000 and Rs 1 lakh, the proposal shall be referred to the state-level Oversight Committee for its consideration and approval, the revised guidelines said.

The new guidelines have also tweaked the composition of the Empowered Committee to be constituted in each district.

The committee will now have “nominee” of the district collector (DC) or district magistrate (DM), secretary, DLSA, superintendent of police, superintendent or deputy superintendent of the concerned prison and judge in-charge of the concerned prison as nominee of the district judge, to consider cases of eligible prisoners.

Earlier, DC or DM was a member of the committee.

This Empowered Committee assesses the requirement of financial support in each case for securing bail or for payment of fine, etc.

Based on the decision taken, now the “nodal officer of the state and UT prison headquarters” shall draw funds from the CNA account and take necessary action in this regard. Earlier, DC or DM was designated to draw the funds from the CNA account.

Secretary, DLSA has been made the convener/coordinating in-charge of the meetings of the Empowered Committee, according to the revised guidelines.

The committee may appoint a nodal officer and take assistance of jail visiting lawyer/ paralegal volunteer or any civil society representative/social worker/district probation officer, or any other officer, etc., to assist them in processing cases of needy prisoners, the ministry said.

According to the India Justice Report 2025 released earlier this year, the national average occupancy rate in jails is more than 131 per cent. The number of undertrial prisoners is estimated to be 76 per cent of the entire prison population.

The report suggested that the prison population is expected to reach 6.8 lakh by 2030, even though the capacity in jails is likely to grow up to 5.15 lakh only.