Support to Poor Prisoners Scheme

The Ministry of Home Affairs has formulated a Scheme namely ‘Support to Poor Prisoners’ for providing relief to poor prisoners, who are unable to pay the fine imposed on them or are unable to secure bail due to financial constraints.

The National Crime Records Bureau (NCRB), New Delhi is the Central Nodal Agency of the scheme.  

Standard Operating Procedure

Undertrial Prisoners 

• If the undertrial prisoner is not released from the jail within a period of 7 days of order of grant of bail, then the jail authority would inform Secretary, District Legal Services Authority (DLSA).
• Secretary, DLSA would inquire and examine whether the undertrial prisoner is not in a position to furnish financial surety for securing bail in terms of the bail conditions. For this, DLSA may take the assistance of Civil Society representatives, social workers/ NGOs, District Probation officers or revenue officer. This exercise would be completed in a time bound manner within a period of 10 days.
• Secretary, DLSA will place all such cases before the District Level Empowered Committee every 2-3 weeks.
• After examination of such cases, if the Empowered Committee recommends that the identified poor prisoner be extended the benefit of financial benefit under ‘Support to poor prisoners Scheme”, then the requisite amount upto Rs. 40,000/- per case for one prisoner, can be drawn and made available to the Hon’ble Court by way of Fixed Deposit or any other method, which the District Committee feels appropriate.
• This benefit will not be available to persons who are accused of offences under Prevention of Corruption Act, Prevention of Money Laundering Act, NDPS or Unlawful Activities Prevention Act or any other Act or provisions, as may be specified later.
• If the prisoner is acquitted/convicted, then appropriate orders may be passed by the trial court so that the money comes back to the Government’s account as this is only for the purposes of securing bail unless the accused is entitled to the benefit of bail U/s. 389 (3) Cr.P.C. in which event the amount can be utilised for bail by Trial Court to enable the accused to approach the Appellate Court and also if the Appellate Court grants bail U/s. 389 (1) of Cr.P.C.
• If the bail amount is higher than Rs.40,000/-, Secretary, DLSA may exercise discretion to pay such amount and make a recommendation to the Empowered Committee. Secretary, DLSA may also engage with legal aid advocate with a plea to have the surety amount reduced. For any amount over and above Rs. 40,000/-, the proposal may be approved by the State level Oversight Committee.

Convicted prisoners

• If a convicted person is unable to get released from the jail on account of nonpayment of fine amount, the Superintendent of the Jail would immediately inform Secretary, DLSA (Time bound manner: 7 days).
• Secretary, DLSA would enquire into the financial condition of the prisoner with the help of District Social Worker, NGOs, District Probation Officer, Revenue Officer who would be mandated to cooperate with the Secretary, DLSA. (Time bound manner: 7 days)
• The Empowered Committee will sanction the release of the fine amount upto Rs. 25,000/- to be deposited in the Court for securing the release of the prisoner. For any amount over and above Rs. 25,000/-, the proposal may be approved by the State level Oversight Committee

Source : Ministry of Home Affairs