Centre mulls support to prisoners unable to secure bail due to financial constraints

Apr 07, 2023

New Delhi [India], April 7 : The Central government will provide financial support to states in order to extend relief to those poor prisoners who are unable to avail bail or get released from prison due to non-payment of fines on account of financial constraints, a statement from Ministry of Home Affairs (MHA) said on Friday.
The step being taken by the MHA will enable poor prisoners, the majority of whom belong to socially disadvantaged or marginalised groups with lower education and income level, to get out of prison.
"The broad contours of the scheme have been finalised in consultation with concerned stakeholders under which the Government of India will provide financial support to States in order to extend relief to those poor prisoners who are unable to avail bail or get released from prisons due to non-payment of fine, on account of financial constraints," the statement said.
The move is aimed at addressing the issues of undertrials in prisons under the leadership of Prime Minister Narendra Modi and the guidance of Union Home Minister Amit Shah.
The MHA has been taking various steps to address the issues of undertrials prisoners from time to time. These include the insertion of Section 436A in the Code of Criminal Procedure (CrPC), and the insertion of a new chapter XXIA 'Plea Bargaining' in the CrPC. Free legal aid is also being provided to poor prisoners through Legal Services Authority at various levels.
"Further to ensure that the benefits of the Budget are extended across all intended sections of society, one of the priorities of the Budget, namely the Guiding 'Saptarishis' is Reaching the Last Mile," read the statement.
Under this, one of the announcements is 'Support for Poor Prisoners', pointed the statement, adding, "It envisages provision of required financial support to poor persons who are in prisons and unable to afford the penalty or the bail amount."
To further strengthen the process, the statement said, "Technology-driven solutions will be put in place to ensure that benefits reach the poor prisoners; reinforcing the E-prisons platform; strengthening of District Legal Services Authority and sensitization and capacity building of stakeholders to ensure that quality legal aid is made available to needy poor prisoners."
Prisons are an important part of the Criminal Justice System and play a significant role in upholding the rule of law.
The MHA has been sharing important guidelines with State Governments through various advisories issued from time to time.
The Ministry has also been providing financial support to the state governments for enhancing and modernizing the security infrastructure in prisons.