The Supreme Court today directed all States and Union Territories to prepare and notify, within three months, a policy governing the early or premature release of elderly and terminally ill prisoners, while also prescribing a technology-based framework to process such cases.

A bench of Justice Vikram Nath and Justice Sandeep Mehta issued the directions in a PIL filed by the National Legal Services Authority (NALSA), which sought uniform guidelines across the country for the compassionate release of terminally ill, sick, infirm and elderly prisoners, particularly those above 70 years of age.

The petition stated that the number of elderly and infirm prisoners has been increasing and that many continue to remain in prison despite serious medical conditions and inadequate access to healthcare. It argued that their continued incarceration violates the guarantees of equality and life under Articles 14 and 21 of the Constitution, apart from being inconsistent with internationally recognised human rights standards.

The Court directed that applications seeking early or premature release be processed through the e-Prisons portal. It directed that the platform must record every stage of the process, including the filing of the application, medical examination, reports submitted by prison officials, recommendations of the Medical Board and the Undertrial Review Committee, the final decision of the competent authority and the reasons recorded for that decision.

The Court further directed that the portal should support time-bound processing by generating alerts and monitoring deadlines. It directed that the system should also generate compliance reports and enable oversight by the State Governments, State Legal Services Authorities and other competent authorities, while ensuring that prisoners' medical and personal information remains protected.

To facilitate implementation, the Court directed the Union Government, through the Ministries of Law and Justice and Home Affairs, along with the National Informatics Centre (NIC), to provide technical assistance, digital infrastructure, software support and training to States and Union Territories.

The NIC has also been directed to upgrade and maintain the e-Prisons portal so that applications for compassionate, early or premature release can be processed, tracked and monitored through a uniform digital mechanism across the country.

The Court directed the Union Government and all States and Union Territories to file compliance affidavits within six months. These affidavits must indicate the steps taken to implement the Court's directions, the status of the policy required to be framed, and details of prisoners identified for release and cases that are under consideration.

The Court kept the matter on January 19, 2027 to consider the compliance reports.

Case no. – W.P.(Crl.) No. 162/2025 Diary No. 17527 / 2025

Case Title – National Legal Services Authority v. Union of India