Why in News?

The Union government has raised concerns over States and Union Territories not utilizing funds meant to help poor prisoners who remain in jail due to lack of money for bail or release.

In an advisory to Home Secretaries and Prison Heads, the Ministry of Home Affairs (MHA) reiterated the importance of the scheme during multiple video conferences, stressing its role in providing much-needed relief to financially distressed inmates.

What’s in Today’s Article?

• Support to Poor Prisoners’ Scheme: Overview
• Alarming Overcrowding in Indian Jails
• Centre Flags Poor Implementation of Prisoner Relief Scheme

Support to Poor Prisoners’ Scheme: Overview

• The Ministry of Home Affairs launched the Support to Poor Prisoners scheme to assist economically disadvantaged inmates who are unable to secure bail or pay fines due to financial constraints.
• The National Crime Records Bureau (NCRB) serves as the Central Nodal Agency for its implementation.
• Scheme Introduced in May 2023
  • Launched in May 2023, the scheme came with detailed guidelines and a Standard Operating Procedure (SOP).
  • It mandated the formation of an Empowered Committee in each district and an Oversight Committee at the State level to approve financial aid for eligible inmates.
• Standard Operating Procedure (SOP)
  • Undertrial Prisoners
    • Trigger Point: If an undertrial prisoner is not released within 7 days of being granted bail, jail authorities must inform the Secretary, District Legal Services Authority (DLSA).
    • Assessment: DLSA will examine the prisoner's inability to furnish surety with help from NGOs, civil society representatives, probation officers, or revenue officers within 10 days.
    • Review by Empowered Committee: DLSA will place verified cases before the District Level Empowered Committee every 2–3 weeks.
    • Financial Aid: Upon recommendation, up to ₹40,000 can be released per case, preferably in the form of a Fixed Deposit for court use.
  • Exceptions: No aid for prisoners booked under:
    • Prevention of Corruption Act
    • Prevention of Money Laundering Act
    • NDPS Act
    • UAPA or other specified laws
  • Post-Trial Scenarios:
    • If acquitted or convicted, courts may order return of the bail amount to the government.
    • If bail is granted under Section 389(3) CrPC, the amount may be used for appeal.
  • Higher Bail Amounts:
    • DLSA may engage with legal aid for reduction.
    • Requests exceeding ₹40,000 must be approved by the State Oversight Committee.
• Convicted Prisoners
  • Trigger Point: If a convicted prisoner remains in jail due to nonpayment of fine, Jail Superintendent must notify Secretary, DLSA within 7 days.
  • Financial Assessment: DLSA conducts inquiry with help from District Social Worker, NGOs, Probation Officer, and Revenue Officer in 7 days.
  • Sanctioning Aid: The Empowered Committee can approve up to ₹25,000 per prisoner for court deposit.
  • Higher Fine Amounts: For sums over ₹25,000, approval must come from the State Level Oversight Committee.

Alarming Overcrowding in Indian Jails

• According to the India Justice Report 2025:
  • The national jail occupancy rate stands at over 131%.
  • Undertrial prisoners make up approximately 76% of the total prison population.
• The report warns that:
  • The prison population could reach 6.8 lakh by 2030.
  • However, the projected capacity of jails by that time is only 5.15 lakh, indicating a severe shortfall.

Centre Flags Poor Implementation of Prisoner Relief Scheme

• The Union government has raised concern over the non-utilisation of funds allocated under the Support to Poor Prisoners Scheme by several States and Union Territories.
• These funds were intended to provide financial assistance to undertrial prisoners who remain in jail due to an inability to pay bail or fines.
• MHA Issues Advisory to States/UTs
  • MHA in an advisory to Home Secretaries and Heads of Prisons, noted that despite multiple video conferences and reminders emphasizing the importance of the scheme, many States/UTs failed to act.
  • Funds made available through the Central Nodal Agency remain unutilised due to the lack of identification of eligible prisoners.
  • The MHA emphasized that proper implementation of the scheme would not only provide relief to poor prisoners but also help reduce prison overcrowding.
• States/UTs Urged to Act Proactively
  • The MHA has urged States and Union Territories to:
    • Identify eligible prisoners as per the scheme’s guidelines.
    • Conduct regular meetings of District Empowered Committees to ensure timely relief.