Justice Behind Bars: Lifeline For India's Poorest Prisoners

To tackle this “poverty trap” within the legal system, the government has a scheme called “Support to Poor Prisoners.” This initiative aims to ensure that no prisoner remains incarcerated solely due to financial destitution.

Who Is Eligible for Help?

The scheme targets two specific groups of inmates who are stuck in the system because of financial hardship:

1. Undertrial Prisoners

Those granted bail by a court but unable to furnish surety because of lack of funds.

2. Convicted Prisoners

Those who have completed their sentence but remain incarcerated because they cannot pay court-imposed fines.

Who Is Not Eligible?

To protect public interest and maintain legal safeguards, the scheme does not apply to persons accused of or involved in serious and heinous offences, including:

• Terrorism or offences affecting national security
• Unlawful Activities (Prevention) Act cases
• Prevention of Corruption Act offences
• Prevention of Money Laundering Act cases
• NDPS offences
• Dowry death
• Rape
• Human trafficking
• Offences under the POCSO Act
• Other serious offences as specified by authorities

State and district committees are required to exercise caution while considering such cases.

How Much Support Can You Get?

The scheme provides direct financial assistance to secure release.

Undertrial Prisoners (Bail Surety)

• Up to ₹50,000 per prisoner
• Extendable up to ₹1,00,000 at the discretion of the District Empowered Committee
• If bail exceeds ₹1 lakh, the matter may go to the State Oversight Committee
• If higher support is not approved, legal aid may seek reduction of surety from the court

Convicted Prisoners (Fine Payment)

• Up to ₹25,000 sanctioned by the District Empowered Committee
• Amounts above ₹25,000 require approval of the State Oversight Committee

How the System Works (The SOP)

The government has established a strict timeline to ensure bureaucracy doesn't slow down justice.

7-Day Trigger
If an undertrial is not released within 7 days of a bail order, jail authorities must notify the District Legal Services Authority (DLSA).

Verification
A Jail Visiting Lawyer, Paralegal Volunteer, or authorised official verifies the prisoner's financial status and forwards the prescribed form to the DLSA within 5 days.

Empowered Committee Review
The District Empowered Committee meets every 1st and 3rd Monday of the month to consider cases recommended by the DLSA.

Direct Payment
Once approved, the funds are deposited directly in the court through fixed deposit, challan, or another accepted mode to secure the prisoner's release.

Who Decides? The Empowered Committee

Each district constitutes an Empowered Committee typically comprising:

• Nominee of the District Magistrate / District Collector
• Secretary, District Legal Services Authority (Convener)
• Superintendent of Police
• Superintendent or Deputy Superintendent of Prison
• Judge in charge of the prison (nominee of District Judge)

At the state level, an Oversight Committee supervises higher-value approvals and implementation.

Why This Matters

Beyond individual liberty, this scheme is a strategic move to reduce overcrowding in Indian prisons. By providing a safety net for the most vulnerable, the Ministry of Home Affairs aims to ensure that financial status does not determine a person's ability to secure release from custody.

Legal Tip

If you know someone who remains in jail despite being granted bail, they may approach the Jail Visiting Lawyer (JLV) or the Secretary of the District Legal Services Authority (DLSA) regarding assistance under this scheme.

Clcik Here to Read Revised Guidelines and Standard Operating Procedure