In a landmark judgment, the Supreme Court of India declared that no individual should remain jailed solely because they lack money to pay bail after a court has granted it. Under the new directive, the government—via District Legal Services Authorities (DLSA)—must assist economically vulnerable accused by covering bail amounts, ensuring equal access to justice.
The New SOP: Ensuring Bail for the Poor
The bench comprising Justice MM Sunireesh and Justice SC Sharma issued guidelines after taking suo motu cognizance of thousands of poor undertrial prisoners languishing in jail, despite winning bail orders. Judges emphasized that justice must not be denied for want of money. As per the new Standard Operating Procedures (SOP):
- DLSA can deposit up to ₹1 lakh as bail for any poor accused.
- If the trial court sets bail above ₹1 lakh, DLSA will apply to reduce the amount.
For cases under the “Support to Poor Prisoners Scheme,” up to ₹50,000 can be given per inmate. This amount is deposited with the court via fixed deposit or other suitable instruments.
Mandatory Reporting and Timelines
The Supreme Court declared that if an accused granted bail is not released within seven days, jail authorities must promptly report to the DLSA Secretary, who will investigate the inmate’s financial status and act within five days. A District Level Empowered Committee will then release the necessary funds if the accused cannot pay. Integration with the Interoperable Criminal Justice System (ICJS) platform will facilitate real-time sharing of data between police, courts, prisons, and forensic labs for transparent tracking.
Upon acquittal or conviction, trial courts must ensure these bail funds are returned to government accounts, as the support was only for securing interim release.
Justice for the Marginalized
This Supreme Court order is expected to bring relief to thousands of poor undertrial prisoners facing minor charges but stuck in jail due to financial distress. The ruling goes beyond personal liberty, strengthening the principle that poverty alone cannot be grounds for denial of justice. The scheme aims to make bail a reality for the most marginalized, fostering a more equitable justice system.