MHA Revises Guidelines for ‘Support to Poor Prisoners’ Scheme

The Union Ministry of Home Affairs (MHA) revised the guidelines citing a “sub-optimal” response from several States and Union Territories.

• Aim: ensure effective and timely implementation of the scheme through fixed timelines and senior-level oversight.

About the Scheme

• Launched in 2023.
• Objective: provide financial assistance to indigent prisoners whose release is delayed solely due to inability to pay fines or furnish bail sureties.
• Covers both convicted prisoners and eligible undertrial prisoners.

Key Institutional Changes

• District-level Empowered Committee strengthened.
• Committee to now include:
  • A nominee of the District Collector.
  • The judge in charge of the concerned prison, nominated by the District Judge.

Revised Procedure and Timelines

• If a convicted prisoner cannot secure release due to non-payment of fine:
  • The Jail Superintendent must inform the Secretary, District Legal Services Authority (DLSA) within one week.
  • The DLSA Secretary verifies the prisoner’s financial status.
  • Eligible cases are recommended to the Empowered Committee.
• The committee may sanction financial assistance up to ₹25,000, to be deposited with the court to facilitate release.
• Similar provisions apply to undertrial prisoners who meet eligibility conditions.

Exclusions under the Scheme

• Not applicable to persons accused under:
  • Prevention of Corruption Act
  • Prevention of Money Laundering Act (PMLA)
  • Narcotic Drugs and Psychotropic Substances (NDPS) Act
  • Unlawful Activities (Prevention) Act (UAPA)
  • Any other laws notified subsequently.

Denial for Heinous Offences

• Benefits denied to those accused of:
  • Terrorism and offences affecting national security
  • Dowry deaths
  • Rape
  • Human trafficking
  • Offences under the Protection of Children from Sexual Offences (POCSO) Act.