MOST URGENT

IMPORTANT
V-17013/26/2023-PR
Government of India
Ministry of Home Affairs
*****
Women Safety Division, 2nd Floor,
Major Dhyan Chand National Stadium,
India Gate Circle, New Delhi-110001

February 9, 2024
To

1. The Chief Secretaries of all States/UTs

2. The ACS/ Principal Secretary/ Secretary (Home/Jails) of all States/UTs
3. The DG/IG (Prisons) of all States/UTs

Sub: Implementation of the ‘Support to Poor Prisoners Scheme’ .

Sir/Madam,

As you are aware, as part of the Government’s priority in ‘reaching the last
mile: no one to be left behind’, the Ministry of Home Affairs had framed the
‘Support to Poor Prisoners Scheme’ in May last year with a view to provide relief
to poor prisoners, who are either unable to pay the fine imposed on them or are
unable to secure bail due to financial constraints. Many of such prisoners are
socially disadvantaged or belong to low-income groups. It is expected that
providing financial aid to such poor prisoners may help them in paying their
outstanding amount of fine or in securing bail, within the ambit of provisions of law,
and they will be able to come out of jail and join the main stream as a responsible
citizen of the country.

2. Hon’ ble Home Minister had written to the Chief Ministers of all States
and UTs on 23rd May, 2023 informing them about this scheme and had requested
them to take full advantage of this Central Government initiative. It was informed
that expenditure in this regard will be fully borne by the Central Government.
Subsequently, the Union Home Secretary vide his letter dated 19th June, 2023
addressed to the Chief Secretaries of all States and UTs had forwarded the
‘Guidelines and Standard Operating Procedure’ which may be followed in
implementation of the scheme. It was emphasised that this scheme will go a long
way in not only mitigating the problems faced by poor prisoners but will also help in
solving the problem of overcrowding in prisons.

3. The Guidelines and SOP forwarded to the States and UTs envisage
constitution of an ‘Empowered Committee’ in every District of the State/UT and
constitution of an ‘Oversight Committee’ at the State/UT Headquarter level. The
Ministry of Home Affairs, through VC meetings held with the State/UT

Page 1 of 3
representatives, has been emphasising upon early constitution of such
Committees by the States and UTs and for identifying prisoners who can be given
the benefit of this scheme. While some States/UTs have confirmed the constitution
of the Committees, many States/UTs are yet to provide a confirmation in this
regard. You are requested to kindly take urgent steps to complete this
activity in a time bound manner.

4. The Ministry of Home Affairs has designated the National Crime Records
Bureau (NCRB) as the Central Nodal Agency (CNA) for implementing this scheme.
NCRB has opened a CNA account in Canara Bank for the Support to Poor
Prisoners Scheme. All States and UTs were advised by MHA on 3rd January
2024 to open a subsidiary account and have it mapped with the CNA account on
PFMS. This is essential for seamless flow of funds from the Central Government’s
CNA account to State/UT Headquarter level subsidiary Child account. While some
States/UTs have confirmed opening of the subsidiary account, many States/UTs
are yet to provide a confirmation in this regard. You are requested to take urgent
steps to complete this activity in a time bound manner.

5. The Ministry of Home Affairs has made provision for an amount of Rs. 20
crores annually which the States and UTs can make use of for providing financial
assistance to poor prisoners to seek release from jail.

6. For efficient implementation of the scheme and seamless flow of funds from
the Centre to the States, the following steps/flow chart are recapitulated for the
information of all States/UTs:

a) States/UTs to constitute ‘Empowered Committees’ in all Districts of the

State/UT and an ‘Oversight Committee’ at the State/UT Headquarter level with the
indicative composition of such Committees as provided in the Guidelines.
Confirmation about this may please be provided to MHA.

b) Each State/UT may appoint a Nodal Officer at the State/UT Headquarter

level who may engage with the Ministry of Home Affairs or the Central Nodal
Agency - NCRB to seek any clarification or amplification about the
procedure/guidelines, etc.

c) Each State/UT should open a subsidiary account at the State/UT

Headquarter level under the CNA’s account (NCRB) and have it mapped on
PFMS on most urgent basis as all funds from the Centre will flow through this
account.

d) The District level ‘Empowered Committee’, with the assistance of District

Legal Services Authority and prison authorities, shall examine cases of eligible
prisoners and shall have the power to sanction the amount required for paying
fine/bail amount, etc. within the parameters of the guidelines prescribed on the
subject.

e) The district level Empowered Committee/Oversight Committee, as the case

may be, will provide intimation about the approval of a case to the State/UT

Page 2 of 3
Headquarter level Nodal Officer for releasing the funds to the concerned Court
providing full details of the case.

f) On receipt of intimation of approval of a case by the District Level

‘Empowered Committee’ or the ‘Oversight Committee’ of the State/UT, as the case
may be, the Nodal Officer of the State/UT at Headquarter level shall draw funds
from the CNA account (after satisfying the defined parameters of Guidelines and
SOP) and release the amount of fine/bail surety, through appropriate medium as
accepted by the Court - NEFT/RTGS/FD/DD - direct to the concerned Court under
intimation to the concerned District Level Committee.

5. The above procedure will provide seamless and quick direct transfer of
central funds to the competent authority (Court) for implementation of the support
to poor prisoners’ scheme.

6. It is expected that the States/UTs would kindly pay appropriate attention to

the Guidelines and SOP of the scheme, a copy of which is again forwarded
herewith, and will initiate urgent necessary action for a) constitution of the relevant
Committees, b) identification of eligible prisoners, c) holding meetings of the
District level Empowered Committee to decide eligible cases, d) having the
State/UT Headquarter level subsidiary account mapped with CNA account, e)
drawing funds from the CNA account and provide relief to poor prisoners, for whom
this scheme has been envisioned and envisaged by the Government of India.

7. In case the States/UTs come across any practical or procedural issues in

implementation of the scheme or they need any clarification, they can approach
the Ministry of Home Affairs, on the phone number and email indicated below, for
resolution of the same.

Yours sincerely,

Deputy Secretary (PR & ATC)

Phone: 23075297
Email: [Link]@[Link]

Page 3 of 3
 V-17013/26/2023-PR
Government of India
Ministry of Home Affairs

Women Safety Division, 2nd Floor,

Major Dhyan Chand National Stadium,
India Gate Circle, New Delhi-110001

October 23,2023
To

1. The ACS/ Principal Secretary/ Secretary (Home/Jails) of all States and UTs

2. The DG/IG (Prisons) of all States/UTs

Sub: Implementation of the Scheme for Support to Poor Prisoners

Sir/Madam,

Please refer to Union Home Minister’s DO Letter No. 17013/26/2023-PR dated

23.5.2023 (copy attached) addressed to the Chief Ministers of States/UTs informing them
that the Government of India has formulated a scheme for support to poor prisoners,
whereby it will provide financial support to such poor prisoners who are not being released
from jails as they are unable to pay the fine imposed on them or are not able to secure bail
due to financial constraints. The States/UTs were informed that expenditure in this regard
will be borne by the Central Government and therefore they may take full advantage of this
scheme in providing relief to poor prisoners.

2. Subsequently, Union Home Secretary vide his DO Letter No. 17013/26/2023-PR

dated 19.6.2023 (copy attached) had informed the Chief Secretaries of all States/UTs about
the scheme and had forwarded a copy of the ‘Guidelines and Standard Operating
Procedure’ which may be followed in implementation of the scheme. States and UTs were
inter-alia advised through the Guidelines to constitute an ‘Empowered Committee’ in each
District of the State/UT, which will assess the requirement of financial support in each case
for securing bail or for payment of fine, etc. and based on the decision taken, the DC/DM
will draw money from the CNA account and take necessary action to provide assistance to
the prisoner.

3. It is expected that the State/UT authorities would have initiated necessary action for
constituting the ‘Empowered Committee’ as envisioned in the Guidelines and SOP and
would have identified eligible prisoners to whom the benefit of this scheme can be
extended. During our recent meetings with the Head of Prisons of all States and UTs, we
had requested them to share the details of action taken by them in this regard. However, a
response is awaited in the matter.

4. Since this is a significant scheme of the Government of India which can have far
reaching effects on the life of poor prisoners who are not able to secure their release from
prisons on bail or due to non-payment of fine, you are requested to kindly review the
matter personally and confirm to MHA if Empowered Committees as envisioned in the
Guidelines and SOP have been constituted in all Districts of the States/UTs and whether
beneficiaries of this scheme have been identified by the States/UTs. The Central
Government has made the requisite provision of funds which are ready to be drawn by the
States/UTs after following the procedure laid down in the Guidelines/SOP. The State/UT
authorities may therefore issue necessary directions to its concerned officers for
activating the scheme on urgent basis and provide a confirmation to MHA in this
regard.

Enel.: As above.

Yours sincerely,

(ArunSobti)
Deputy Secretary (PR & ATC)
Phone: 23075297
Email: [Link]@[Link]
 ^ TTcj W $\
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H ome M inister and C ooperation M inister
GOVERNMENT OF INDIA

[Link], 17013/26/2023‘PR
Dated:^.3 May, 2023

Under the leadership and guidance of Hon'ble Prime Minister Shri

Narendra Modi, the Ministry of Home Affairs has been taking several steps from
time to time to solve the problems faced by the prisoners lodged in the jails of •
the country. As part of this series, one of the priorities of the Union Budget this
time is to provide benefit to the person sitting at the last end of the society.
Under this, among other things in the Budget, an important announcement was
made by the Central Government, through which financial assistance will be
provided to those poor prisoners who are not being released from jails as they
are unable to pay the fine imposed on them or in securing bail due to financial
constraints.

Therefore, it has been decided by the Ministry of Home Affairs that the
Government of India will provide financial assistance to provide relief to such
poor prisoners, most of whom are socially disadvantaged or less educated and
from low income groups. This step will help them to come out of the jail and join
the main stream once again as an able citizen of the society.

You are aware that prisons are an important part of the criminal justice
system and play a vital role in maintaining a peaceful and secure environment
in the society. Ministry of Home Affairs, through various advisories issued from
time to time, shares important guidelines with the State Governments towards
better administration and management of prisons. Further, the Ministry of Home
Affairs is providing financial assistance to the State Governments to improve
and modernize the security infrastructure in prisons. Free legal aid is also being
provided to poor prisoners through Legal Services Authority at various levels.

Recently, in this regard, the outdated 'Prison Act, 1894’ and 'Prisoners
Act, 1900' of the pre-independence era were reviewed in depth by the Ministry
of Home Affairs, and for this purpose a comprehensive 'Model Prisons Act,
2023' has been finalized to make prison management and administration in line
with the modern and present times, which has been shared by the Union Home
Secretary with the Chief Secretaries/Advisors of all States/Union Territories on
10th May 2023 for implementation.

Cont.,2/-

Offir** * Minictrv nf Mnmu Affaire fvlnrth Rlrvrlr HothL11AHAI

 Continuation Sheet

-2 -

The broad contours of the 'Scheme to provide financial assistance to poor

prisoners to pay fine and secure bail' have been finalized in consultation with
concerned subject experts, various legal advisors, lawyers and the state
officials etc. Under this scheme, the Government of India will provide financial
assistance through the State/UT Governments to provide relief to those poor
prisoners who are not released from jail due to financial constraints, because of
which they are unable to pay the fine or are not able to bear the bail amount.
Detailed Standard Operating Procedure in this regard is being shared with the
State/UT Governments at the administrative level.

Various technology-based solutions are also being implemented to

further streamline and strengthen the solution to the problems of prisoners and
to ensure that benefits reach the prisoners, such as strengthening the e-prison
platform; strengthening of District Legal Services Authority and capacity­
building of stakeholders to ensure availability of quality legal aid to needy poor •
prisoners etc.

You are requested to take full advantage of this Central Government

scheme o f 'providing financial assistance to poor prisoners' in your State/UT.
The funds in this regard shall be borne entirely by the Central Government and
will be released to the appropriate institution directly from the funds of the
Central Government through the concerned authority of the State/UT
Government.

I hope that this step will ensure delivery of benefit to poor prisoners and
this scheme will also help in solving the problem of over-crowding in the jails of
your State/ UT.

With regards,
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Home Secretary
AJAY BHALLA, ia s
TO3 TOR
Government of India
4 M ^ fl^ /N o rth Block
^ ftrc ft/N e w Delhi

D.O. No. 17013/26/2023-PR 19th June, 2023

Dear Chief Secretary,

As you are aware, a sustained and conscious effort is being made by
the Government of India to ensure that the benefits of the Budget are felt
across all sections of society. While tabling the Union Budget 2023-24 in
Parliament on 1st February 2023, the Union Minister for Finance and
Corporate Affairs announced that as part of the Government’s priority in
‘Reaching the Last Mile: No one to be left behind’, required financial support
will be provided to poor persons who are in prisons and are unable to afford
the penalty or the bail amount.
2. The Ministry of Home Affairs has therefore finalised a scheme to
provide relief to poor prisoners, who are unable to pay the fine imposed on
them or are unable to secure bail due to financial constraints. Many of these
prisoners may be socially disadvantaged or less educated or belong to low
income groups. It is expected that providing financial support to such poor
prisoners in paying their fine amount or helping them in securing bail will
help them to come out of jail and join the main stream as a responsible
citizen of the country.
3. Hon'ble Home Minister has also written to the Chief
Minister/Lieutenant Governor of your State/UT on 23rd May, 2023 in this
regard, a copy of which is enclosed for your reference.
4. I am now attaching a copy of the 'Guidelines and Standard Operating
Procedure’ which may be followed in implementation of this scheme. You are
requested to go through the same and issue necessary directions to the
concerned officers for successful implementation of this scheme.
5. I am hopeful that this Scheme will go a long way in not only mitigating
the problems faced by poor and indigent prisoners but will also help in
solving the problem of overcrowding in your prisons.
With regards,
Yours sincerely,

Enel, as above

The Chief Secretaries of all States and UTs

Guidelines and Standard Operating Procedure for implementation of the Scheme
for support to poor prisoners

i) Funds to the States/UTs will be provided through the Central Nodal Agency
(CNA). The National Crime Records Bureau has been designated as the CNA for this
scheme.
ii) States/UTs will draw the requisite amount from the CNA on case-to-case basis
and reimburse the same to the concerned competent authority (Court) for providing
relief to the prisoner.

iii) An ‘Empowered Committee’ may be constituted in each District of the State/UT,

comprising of i) District Collector(DC)/District Magistrate(DM), ii) Secretary, District
Legal Services Authority, iii) Superintendent of Police, iv) Superintendent/ Dy. Supdt. of
the concerned Prison and v) Judge incharge of the concerned Prison, as nominee of the
District Judge.

Note: This Empowered Committee will assess the requirement of financial support in
each case for securing bail or for payment of fine, etc. and based on the decision taken,
the DC/DM will draw money from the CNA account and take necessary action.

Note: The Committee may appoint a Nodal Officer and take assistance of any civil
society representative/social worker/ District Probation Officer to assist them in
processing cases of needy prisoners.

iv) An Oversight Committee may be constituted at the State Government level,

comprising of i) Principal Secretary (Home/Jail), ii) Secretary (Law Deptt), iii) Secretary,
State Legal Services Authority, iv) DG/IG (Prisons) and v) Registrar General of the High
Court.

Note: The composition of the State level 'Empowered Committee’ and ’Oversight
Committee’ are suggestive in nature. Prisons/persons detained therein being ’State-List’
subject, it is proposed that the Committees may be constituted and notified by the
concerned State Governments/UT Administrations.

Standard Operating Procedure

UNDERTRIAL PRISONERS

1. 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).

2. Secretary, DLSA would inquire and examine whether the undertrial prisoner is
n o t ina p o s itio n to fu rn is h fin a n c ia l s u re ty fo r se cu rin g b a il in te rm s o f th e 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.

3. Secretary, DLSA will place all such cases before the District Level Empowered
Committee every 2-3 weeks.

4. 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.
5. 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.

6. 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.

7. 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:

1. If a convicted person is unable to get released from the jail on account of non­
payment of fine amount, the Superintendent of the Jail would immediately inform
Secretary, DLSA (Time bound manner: 7 days).
2. 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)

3. 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.
 MOST URGENT
IMPORTANT
V-17013/26/2023-PR
Government of India
Ministry of Home Affairs
*****
Women Safety Division, 2nd Floor,
Major Dhyan Chand National Stadium,
India Gate Circle, New Delhi-110001

January 3, 2024
To

1. The Chief Secretaries of all States/UTs

2. The ACS/ Principal Secretary/ Secretary (Home/Jails) of all States and UTs
3. The DG/IG (Prisons) of all States/UTs

Sub: Support to Poor Prisoners Scheme - Implementation of CNA guidelines

and designation of Implementing Agency by States/UTs

Sir/Madam,

As you are aware, 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. A copy of the guidelines for implementation of the above scheme was
shared with the States and UTs on 19th June, 2023 and is available on MHA’s website
as well.

2. The Department of Expenditure (DoE), Ministry of Finance has issued the

revised procedure for flow of funds under Central Sector Schemes, vide OM No.
1(18)/PFMS/FCD/2021 dated the 9th March, 2022. In terms of the revised instructions,
every Ministry/ Department has to designate a Central Nodal Agency (CNA) for
implementing the Central Sector Scheme. The CNA will open a Central Nodal Account
in a scheduled commercial bank.

3. For the ‘Support to Poor Prisoners’ scheme, the Ministry has designated the
National Crime Records Bureau (NCRB), New Delhi as the Central Nodal Agency.

4. In terms of the CNA Guidelines, the States/UTs are required to designate an

Implementing Agency/Sub Agency (SA) at the State/UT Headquarter level as the
nodal agency of the State responsible for implementing the Scheme who will be
responsible for coordinating/drawing the funds from the CNA account and making it
available to the District level authorities, etc. The SA is required to open a Zero
Balance subsidiary Account with the CNA's Bank i.e. Canara Bank.

5. NCRB will map the designated SA on PFMS and will release the funds to the
States. NCRB will coordinate with/assist the States and UTs in this process. Shri
Prashun Gupta, Deputy Director (C-ll), NCRB has been designated as the nodal
officer for matters relating to management of CNA account for Support to Poor
Prisoners’ scheme. He can be contacted for assistance/ clarification in the matter at
011-26735637 or [Link]@[Link] .

6. You are accordingly requested to designate a Subordinate Agency (SA) for

‘Support to Poor Prisoners’ scheme and share the relevant details with NCRB and
MHA on most urgent basis in the template placed at Annexure for completing the
activities under CNA Guidelines.

7. An early action in the matter by all concerned is requested.

Enel.: As above.

(Arun Sobti)
Deputy Secretary (PR & ATC)
Phone: 23075297
Email: [Link]@[Link]