Chapter - ONE

INTRODUCTION

1.1 Background:

Custody of confinement is known as prison, which has some basic norms and regulations.
"Keeping the offender in confinement as a part of punishment is known as prison system. In
prison system the offender has to stay under the control of prison authority. So their liberty is
limited and controlled. This is the crux point of prison system". 1State makes and activities
prison for the sake of the convicted to prevent the people from crime and criminal behavior on
the penologist aspect. A building where criminals are forced to live as a punishment is a prison.
"A place or a building where persons are legally kept while a trail or investigation is going on
is a prison"2 A person who is confined in prison or kept in custody, especially as the result of
legal process3, who is serving time in jail is prisoner, so the prison must have some basic norms
and values regarding legal provision can be activated on the legal ground with due process of
law as the social need, social attitude have to be explored in the process. So prison system is
the specific punishment system is formulated under legal provision for the fulfillment of legal
objectives. This term paper deals with the Nepalese prison system from reformative
perspective.

Criminals are the person who breach of social discipline. Though social discipline has been
reflected in the laws and punishments have been prescribe for that while many other are not
legalized. Our Nepal has abolished death penalty since 2047 B.S.(1990 A.D.), and the prison
system has been integral part of the Nepalese Penal system. In ancient time when the crime
was purely reacted punitively, the prison was taken as the place where such punitive
punishment used to implement. The modern prison system has developed after a long
experience. The concept of looking the prison and the prisoners has been tremendously
changed now it has transformed in to correction institution rather than punishment. In recent
time there is huge debate that whether it should be called prison or reformation centre. And the
later concept is being recognized most of the time. "A prison or jail is a facility in which
individuals are forcibly confined and denied a variety of freedoms under the authority of the

1
Prof. Madhav Pd. Acharya,Criminologypenology, 2012,page no 73
2
Revised and updated illustrated oxford dictionary page 652
3
Dictionary of law and justice, by Shankar Kumar Sherestha page no 613

1
state as a form of punishment. The most common use of prisons is as part of a criminal justice
system, in which individuals officially charged with or convicted of crimes are confined to a
jail or prison until they are either brought to trial to determine their guilt or complete the period
of incarceration they were sentenced to after being found guilty at their trial."4

1.2 Statement of the Problems:

Prison system is necessary for reform, correction and re-socialization the offenders within the
society. It tried to be made a meeting point between punishment and reformation. On this
specific topic regarding the prison system in Nepal. I have determined following problems in
this connection.

Do Nepali Prison Act, 2019 and Prison Regulations, 2020 have reformative approach?
Is it necessary to amendment Nepali Prison Act?

1.3 Objectives of the Study:

Main objectives of this study are to know about the conceptual knowledge the prison system in
Nepal regarding to concern law. Which are mentioned as below:

a) To analyze procedure and practice of criminal justice administration regarding the

prison system of Nepal.
b) To trace out the key problems and make necessary recommendation to resolve these
problems.
1.4 Methodology of the Study:

This paper has been prepared on doctrinal research method and analyzed data in the based on
primary sources and secondary information published in Nepal Kanoon Patrika and other
relating to this issue, literatures, books, and other sources were taken to describe as concern
topic . Therefore the methodology is descriptive and analytical.

1.5 Limitation of the Study:

4
http://en.wikipedia.org/wiki/Prison, visited on October, 2017.

2
The title “A Study on prison system of Nepal” selected for study has multi-dimensional
approach of criminal justice system. To materialize well access to criminal justice for prison
system in meaningful sense, proceeding of criminal justice, this includes post-trial phase in
criminal justice system. Basically the Prison Act, 2019have been critically overviewed. The
study is limited only on administrative system of prison, legal system of Nepal regarding prison
system is depended on Prison Act, 2019 and Prison Regulations, 2020, however it is not fully
applied in practice, application of the legal provision depends on administrative system. So the
study is specified on lacunas of administrative system, how it can be fulfilled is the specified
concern of this study

1.6 Structure of the Study:

As per the submitted subject matter and its analysis, this study has been designed within the
following five chapters: In chapter one introduction of this paper has been mentioned. In
chapter two development of Prison System is mentioned. Nepalese Legal System in chapter
three, main provision of Prison Act, 2019 in chapter four and in fifth chapter conclusion and
recommendation has been mentioned.

3
 Chapter - TWO

DEVELOPMENT OF PRISON SYSTEM

The retrospection on the history of the world reveals that the first prison house was set up in the
year 1507. The prison houses of these days were not like the prison houses of modern times. In
the past these used to be places of tortures and extortion. In this age the sole and exclusive aim
of the prison was to give maximum pain to the criminal was possesses of the soul of the devil
and this evil spirit could be driven off only by means of extreme physical and mental torture.
There was no idea, on notion of reform of the criminal. The human nature is indeed strange, no
amount of oppression, repression and suppression or any amount of Coercion, extortion and
torture can cow down, subdue and humble the human spirit. To scrutinize the relation of crime
and prison, prisoner and crime accrued by them needs to be identified. The gravity of the crime
is the serious part of the prisoners. Major question is how they can be treated and reformed.
Baseline of this important major is the treatment and reformation.

2.1 Emergence of Prison System:

A prison, penitentiary, or correctional facility is a place in which individuals are physically

confined or interned and usually deprived of a range of personal freedoms. Prisons are
conventionally institutions which form part of the criminal justice system of a country, such
that imprisonment or incarceration is a legal penalty that may be imposed by the state for the
commission of a crime. A criminal suspect who has been charged with or is likely to be
charged with a criminal offense may be held on remand in prison if he or she is denied, refused
or unable to meet conditions of bail, or is unable to post bail. This may also occur where the
court determines that the suspect is at risk of absconding before the trial, or is otherwise a risk
to society. A criminal defendant may also be held in prison while awaiting trial or a trial
verdict. If found guilty, a defendant will be convicted and may receive a custodial sentence
requiring imprisonment.

Prisons may also be used as a tool of political repression to detain political prisoners, prisoners
of conscience, and "enemies of the state", particularly by authoritarian regimes. In times of war
or conflict, prisoners of war may also be detained in prisons. A prison system is the
organizational arrangement of the provision and operation of prisons, and depending on their

4
nature, may invoke a corrections system. Although people have been imprisoned throughout
history, they have also regularly been able to perform prison escapes.5

2.2 Grounds for Emergence of Prison System:

The system of imprisonment represents a curious combination of different objectives of

punishment. Thus prison may serve to deter the offender or it may be used as a method of
retribution or vengeance by making the life of the offender miserable and difficult. The isolated
life in prison and incapacity of inmates to repeat crime while in the prison, Fulfills the
preventive purpose of punishment. It also helps in keeping crime under control by crimination
of criminals from the society. That apart, prison may also serve as an institution for the
reformation and rehabilitation of offenders. It therefore, follows that whatever be the object of
punishment, the prison serves to keep offenders under custody and control, 6 the attitude of
society towards prisoners may vary according to the object of punishment and social reaction to
crime in given community. If the prisons are meant for retribution or deterrence, the condition
inside them shall be punitive in nature inflicting greater pain and suffering and imposing severe
restrictions on inmates. On the other hand, if the prison is used as an institution to treat the
criminals as a deviant, there would be lesser restrictions and control over him inside the
institutions. The modern progressive view, however, regards crime as a social disease and favor
treatment of offenders through non-penal methods such as probation, parole, open jail etc.7

2.3 The American prison system:

Medieval period in history of American colonies witnessed an era of barbarism and deterrent
punishment for criminals. The offenders were mercilessly tortured and brutally treated. Even
for minor offences they were subjected to serve punishment such as death, public humiliation,
branding, whipping and so on. Political offender's war crimes or blasphemy were kept in
prisons under trials.8 The prisoner's life was so hard, and was given the hard punishment so was
very painful. The origin of prison is inter-linked with the system of imprisonment, which
originated in the first quarter of 19th century. Initially, prisons were used as detention houses
for under-trials.9 Public opinion mobilized against these barbarous methods of treating the
5
The article is found in en.wikipedia.org/wiki/prison Visited on october, 2017
6
Ibid,page12
7
Ibid, page 13
8
Prof. N.V.Prranjape, Criminology and Penology, New Delhi, Published by Central Law Publication, 2002,
page no 375
9
Ibid, page 374

5
prisoners which eventfully led to the passing of famous Penn's Charter of 1862. The object of
this charter was to put an end to brutal methods of punishment on humanitarian grounds and
bring out reforms in prison administration and contained the following subject-matter.10

a) Releasing prisoners on bail should be introduced.

b) Compensation should be allowed, who were wrongfully imprisoned and this amount
should be double the amount actually suffered by the victim of the offender's act.
c) Prisoner should be allowed the choice of their food and lodging to a certain extent.
d) The system of pillory.

Incorrigible prisoners were subjected to solitary confinement in cells without any labor whereas
the corrigible were lodged together in rooms and were put to work in shops during day time.
Women delinquents and vagrants were kept in separate well-faced quarters. Thus the prison
was modeled on two major principles, namely, work during day and humanitarian treatment of
offenders. The American prison system is broadly known in three factors are as fallows.

2.4 The Pennsylvania System

The system was first introduced in the walnut street in Philadelphia in 1790. The prisoners
were kept in complete isolation in separate cells during day and night and food was served in
their cells. A prisoner in isolated cells was designed to bring about quick reformation in them
because of its extreme deterrent effect. but the segregation of prisoners without any work
brought them on told miseries and a large number of inmates died due to unbearable monotony
of prison life and survived persons were mad or irresponsible. This condition resulted to avoid
this horrible result, the system of labor and work was introduced for prisoners but it was to be
done in isolated cells and not in congregate shops. The arrangement of cells in this prison
resembled the spokes of a wheel with a guardroom in the Centre. While carrying prisoners
from one to another place their faces were covered by hoods so that they could not see each
other. Only certain designated persons such as wardens, chaplain and representatives of social
welfare organizations were allowed to visit this prison establish contact with inmates but the
friends, relatives and other inmates could not have access to the prisoner during his prison
term. The inmates were subjected to prayers and appropriated discourses so that they behaved
themselves with greatest propriety and decorum. The major setback of this system was lack of
productive labor for prisoners, over-crowding and cruelty. This prison system fell into disuse
10
Ibid,page 375

6
by the latter half of the nineteenth century and was finally abandoned in favor of Auburn
system.11

    The first model was called the Pennsylvania system.  It was based on the idea of "separate
and silent."  The state of Pennsylvania built two big prisons, one in Philadelphia and another in
Pittsburgh. 12

2.5 The Auburn Prison System

In 1818-19 A new prison modeled on Pennsylvania pattern was built at Auburn in New York
State Prisoners Were to work in shops under a strict rule of silence. In the initial stage only
hundred criminals were brought to this prison to undergo solitary confinement had fatal
consequences on physical and mental health of inmates and most of them suffered mental
disorder or committed suicide. Consequently, a large number of prisoners were pardoned and
released in 1823. Which was adopted in this prison after 1823 came to be known as the Auburn
System.13This system in known as the silent system.

Auburn system lay in forced silence and separation at night but congregate work in shops
during day time. Commenting on the working of was kept in solitary confinement in
confinement in complete isolation so that they could spend their days in penance and
repentance for their crime. Prisoners were not allowed to talk or communicate with each other
while at work or during lunch or supper. Those who tried to break silence were flogged and
punished. Auburn system as a system of discipline by repression and labor under fear. It was
undoubtedly a brutal method of treating the offenders and it hardly had any reformative impact
on them. The system as a whole provided no exercise, play or sociability. The warden himself
had no conversation with the prisoners until just before their release when the inmate was given
three dollars and advices.14

2.6 The Elmira reformatory System

In 1876 the Elmira reformatory opened in Elmira, New York, under the direction of Zebulon
Brockway, a leading advocate of indeterminate sentencing and former superintendent of the
Detroit house of correction. The state of New York had passed on indeterminate sentencing
11
Ibid, page 376
12
http://www.drtomoconnor.com/1050/1050lect01a.htm ,visited on october, 2017
13
Prof.N.V.Prranjape, Criminology and Penology, New Delhi, Published by Central Law Publication, 2002,
page no.9
14
Ibid, page 377

7
bill, which made possible early release for inmates who earned it. However,because
reformation was though most likely among youths the Elmira reformatory accepted only first
offenders between the age of 16 and 30. A system of graded stages required inmates to meet
educational, behavioral and other goals. Schooling was mandatory and trade training was
available in telegraphy, tailoring, plumbing, carpentry and other areas.15 Reformatory concept
of prison system is late nineteenth century correctional model based upon the use of the
indeterminate sentence and belief in the possibility of rehabilitation especially for youthful
offender's the reformatory of industrial prisons around the turn of the century.16

Unfortunately the reformatory "Proved a relative failure and disappointment" many inmates'
reentered lives of crime following the sirrelease and high rates of recidivism called the success
of the reformatory ideal into question. Some other's attributed the failure of the reformatory to
"the ever present jailing psychosis" of the prison staff or an overemphasis on confinement and
institutional security rather than reformation, which made it difficult to implement many of the
ideals upon which the reformatory had been based.17

2.7 Modern Prison System:

The utility of prison as an institution for rehabilitation of offenders and preparing them for
normal life has always been a controversial issue. This assertion, however, seems to be an over
simplification of facts as this does not hold good for all categories of criminals. There are quite
a large number of offenders who are otherwise well behaved and are persons of respectable
class of society but they fall a prey to criminality on account of respectable class of the society
but they fall a criminality on account of momentary impulsiveness, Provocation or due to
situational circumstances. There is yet another class of prisoners who are otherwise innocent
but have to bear the rig ours of prison life due to miscarriage of justice. Obviously, such
persons find it difficult to adjust themselves to the prison surroundings and find life inside the
prison most painful and disgusting.18

The real purpose of sending criminals to prison is to transform them into honest and law
abiding citizens by inculcating in the distaste for crime and criminally. But in actual practice,
the prison authorities try to bring out the reformation of inmates by use of force and conclusive

15
Criminal Justice today, An introductory text for the 21st century, Frank Schmalleger, page 411
16
Ibid, page 440
17
Ibid , page 442
18
Ibid, page 388

8
methods. Consequently, the change in inmates is Temporary and lasts only till the period they
are in prison and as soon as they released, they quite often return to the criminal world. It is for
this reason that modern trend is to lay greater emphasis on psychiatric conditions of the
prisoners so that they can be rehabilitated to normal life in the community. This objective can
be successfully achieved through the techniques of prohibition and parole. The sincerity,
devotion and tactfulness of the prison officials also help considerably in the process of
offender's rehabilitation.19

2.8 Ideal Prison System:

For the purpose of ideal prison system, some specific grounds are provided, are grounded on
the basis of some certain advanced countries provisions. They are as fallows.20

a) Prison capacity must not exceed more than 500 inmates large capacity may invite
terrible problem of management and control.
b) Trained staff to uplift the prisoner to be a good citizen like not hate them cooperate
them.
c) Constant study of prisoners who developed their behavior among the prisoners.
d) Prisoner must not kept idle encourage to live their own earnings.
e) A process of gradual release should be adopted to habituate the prisoners to free
society.
f) The number of inmates must be tried to keep to minimum level by pursuing parole
condition release or open prison device.

19
Ibid, page 389
20
Supra note 6 page 388

9
 Chapter - THREE

NEPALESE PRISION SYSTEM

3.1 Historical Background:

Historically, the prison was not accepted as a part of punishment. It was used as confining unit
pending the trial, after the offender used to recent death penalty or mutilation or branding
punishment. Prison can be defined in general as all the custodial facility for the confinement of
person in the process of imposing punishment, investigating or adjudication the cases charged
against him. In strict sense it is a custodial institution where people are locked up to keep them
out of sight and mind. A prison is a place for detention, prisons are the places for the detention
or under trials also they are the lace when the offender can be lodged for his/her reformation.
The prison is a place which shelters persons of a particular category, viz, criminals, each for a
definite period depending upon the ruling of the courts to the exclusion of his faintly members.
In ancient times, there were on prison house. There were definitely on prison houses in the
hunting age in the pastoral age, nor were there prison houses in the agricultural age. Indeed, the
need of the prison house had not been felt by then.

It was used to be very dirty, dark and unusual for human living, Accused were kept in tied up
condition like an animal with iron chain. In Nepal "KAL KOTHARI" to "KHOR" was used as
prison; however it is little bit developed as jail. Nepali prison system has a lot of defective
which needs to be progressed recent. In 17th century in Britian the beggaries who were in the
street were sent to captivity and were supplied them as workers in industries. The British and
American experience in the development of prison system and are not worthy and are stated in
the following:-

a) Pennsylvania system
b) Elmira system
c) Auburn system

3.2 Report of Commission for Reformation:

The prison system has own norms and values which has also same deterrent and reformative
means; however the provision are not applied fully. Specific legal provision regarding jail has

10
some basic reformatory guidelines but the provisions are not activated for the purpose of the
prisoners. Detained and prisoner are different but are not separated in prisoner are relapsed
subject matter have to be defined and classified on the ground of punishment and reformative
prospective. According to Jail Reform Commission 2064, the following points should be
reformed:21

a) The jail should be changed as a reformation house.

b) The jail building should be maintained.
c) The court should decide the case in time.
d) Court should be fair and judgment should be practice and scientific.
e) Room should be open and big-in the jail.
f) Government should think about social contract of the prisoner.
g) Maximum2/3 person have one room.
h) Prisoner should not be kept than capacity.
i) They have to be separated between detained and prisoners.

3.3 Provision of Prison Act, 2019 and Prison Regulations, 2020:

Second amendment of Prison Act, 2019 section 10 Kha has purposed the provision of open
prison concept, Acceding to this provision open prison is regarded as such specified place
where prisoners are so used to stay in day time it has further specified that those who have
crossed1/3 (one third) of their prison sentence and who have receive more than 3 years of
prison sentence may be certified to move to open person as the discretion of the authority.

Prison Act of Nepal has formulated some certain provisions as to classification of the basis of
age, sex, recidivism, health condition etc.22These classifications are not based upon reformative
perspective, so our prison system needs to a new way (dimension).

Some other revisions made by Prison Act, 2019 as to the classification of prisoners formulated
by section 6,7,8,11,12 are as follows23:-

a) No hand and foot cuff in without offence against Prison Act.

b) Right to keep under 2 years child with female prisoner.
c) Pregnant women is entitled to be released utile the delivery and 2 months after delivery.

21
Dr. Lokendra Sharma, criminalogy, Nepal SaikshiksanaYogkendrakathmandu, 2nd edition 2009 ,page 147
22
Joil Act, 2019
23
Ibid section 1

11
According to Prison regulations, Rule 34, Industry and training in prison:- To make prisoners
industrials, hardworking and self-reliant. It is very much necessary to keep them engage at
work within prison establishment. Any offender who has been identified as cruel terrorist if
urgent or offender against the state is sentenced to imprisonment for life this denotes an
imprisonment ranging from 21 years to 33 years for the rest 20 years is formulated by section
30(2) of Prison Rule 2020of Nepal.

12
 Chapter - FOUR

MAIN PROVISION OF JAIL ACT, 2019:

Prison Act, 2019 provides some provisions which are related with reformation but now those
provisions are not applied in behavior. In this Act separate keeping, working for health and
economic progress, Community service and open prison system is provided. But those
provisions are not applied and also are not enough for reformation.

4.1 Provision of Separate Keeping:

Section 6 provides the provision of keeping separately. According to this the prisoners and
detainees, female and male, under and above 21 years, prisoner related to criminal and civil
cases should be kept separately.

4.2 Provision of Work:

Section 10 provides the provision of work. According to this the Nepal Government can
manage any work for the prisoner's health and economic progress according to their interest.

4.3 Provision of Community Service:

Section 10 (ka) of Prison Act, 2019 provides the provision of community service. According to
this provision, A prisoner who has committed the crime and that punishment is less than 3
years those prisoners can be sent for community service as the punishment with the permission
of District court. During the period of community service punishment the prisoners will not get
any other allowance and if they violate the rules they will be back to imprisonment again.

4.4 Provision of Open Prison:

Section 10 (kha) Prison Act, 2019 provides the provision of open prison. According to this
provision any prison who has committed the crime and punishment is more than 3 years
imprisonment and if he/she has crossed the 1/3 period of imprisonment those prisoners can be
get the facility of open Presentment. But they should show the character of reformation. In this
section offender who have received punishment more than three years and who have crossed
1/3 of punishment are eligible at the discretion of the authority to be transferred to open prison.
Prisoners in open prison can go outside for work and stay in prison by night. They should earn

13
their livelihood or their own. Believe worthy prisoners can be given such facility. However, the
following eight types of offenders are not eligible for such transformation.

a) Offenders committing offense against wild life and ancient monument

b) Offenders of corruption
c) Offenders attempting to abscond from jail
d) Offenders of Narcotic drug trafficking
e) Offenders of rape
f) Offenders of espionage
g) Offenders of smuggling
h) Offenders of trafficking in human being

Open prison means keeping the offenders in confinement having minimum level of security
control. So this type of prison is less expensive and productive. Even offenders receiving less
than three years of imprisonment may deserve this type of punishment or even those who are
listed as exceptions might well benefit from it. It is difficult to understand why our law made
only limited provision of it. If the selection criteria are scientific, well calculated the large
majority of prisoners can benefit from it.

4.5 limitations on Community Service and open Prison:

Section 10 (Ga) provides the limitation on community service and open prison. According to
this provision those prisoner who has committed the crimes related to human trafficking, Rape,
Narcotic Drugs, Corruption, Archeology Crimes, Piracy, escape from Jail and smuggling will
not get the facility of community service and open prison. Section 11: For mentally or
physically ill prisoners, public doctors will provide medical treatment should be provided.
However, prisoners can also organize for medical treatment by private doctors upon their own
expense.

14
 Chapter - FIVE

CONCLUSION AND RECOMMENDATIONS

5.1 Conclusion:

Prison system is a one of the popular most means of punishment system in the world. In every
state the prison system and imprisonment become panacea as a reaction towards the breaking
of laws. In system has been considered as a last resort of its criminal justice the world, all the
inhuman and unjustified punishment existed in the early society such as capital punishment,
whipping, pillory as their last resort. It is believed that prison system satisfy all theory of
punishment such as retribution, deterrent, incapacitation, reformation and re-socialization etc.
and it is just one number of sanction available to the court to deal with those who commit
criminal offence and harshest sanction available in the every society.

Prison Act of Nepal 2019 provides the provision of working for heath and economic progress,
community service as the punishment for imprisonment and open prison. These provisions are
related with reformation but now those provisions are not applied or active. Those provisions
should be applied for reformation. It will be fetter to think about reformation of the prisoners
rather than spending a large amount of budget of the state for the enlargement of prison home
and security forces.

Prison Act, 2019 has different legal provision regarding prison system in Nepal. But this Act
did not cover all aspect of modern prison system facilities and did not provided proper legal
right to prisoner according to existing law. Even some legal provisions are contradicting Prison
Act, Regulation and prison management operational manual-2004 regarding the issues of
facilities towards the prisoner (Chaukidar, Naike and SahaNaike ect.). Therefore it is necessary
to amendment certain legal provision according to demand of standard prison system. Even
Prison Act, 2019 did not accept the open prison concept till now, but it has good sign for
development of open prison building in Banke District, which is ongoing process. Most of the
prisons are over crowed and did not have enough space to recreation place for them. Most of
Prisoner are adjusted as possible as within the Jail. Our prison system did not adopt the
reformative concept towards the prisoner in practically way. i.e. Parole and probation etc. The
concept of parole and probation has not been introduced so far. But these systems are
successfully being used by many countries so if legally introduced and used then it will help to

15
reduce the pressure of prison minimize the economic expenditure on the other hand provide
opportunity to the offender to reform him/herself in the society. So above all kind of these
necessary things should be reform in Prison Act and Regulation as soon as possible.

Nepal has ratified in much international treaty, convention, agreement etc but the prison system
has not met according to international provision and it is also not good from the reformation
point of view.

5.2 Recommendations:-
Nepal has ratified many international conventions and treaties. So there should be respect those
provisions and make such legal provision compatible with international standards. It is the duty
of member country and right of the people. There is some differences found in present prison
system of Nepal during this study. So, we make some recommendations in order to reform the
existing prison system:
a) The existing Prison Act, 2019 has classified the inmates but this categorization of the
inmates are not scientific so it should be changed and re-categorization should be made
from the correction, reformation and rehabilitation perspective so that individualized
therapy for reformation can be used.
b) The record keeping provision at Nakhu Jail is traditional and it is not giving the sufficient
information about the inmates, so the department of prison management should give a
standard form of record keeping where all the details of the inmates can be found. The
record should also contain the enough history of the inmates so that the expert can
identify that what kind of therapy may be appropriate for him/her.
c) There should be modern record keeping system like modern equipment computer and
software with networking (web based) should be used for keeping the record
scientifically and uniformity all over the country, which will make the activity of the
jailer transparent and it will be very easy to find out the behavior of the inmates.
d) There should be good and sufficient places and number of buildings (from health point of
view) for the inmates. The inmates must get sufficient place for sleeping and other extra
activities.
e) The administration within prison is conducted by internal administration staff or self-
administration through Chaukidar Naike and Saha Naike,. Sometimes they committed
anomalies and misuse of their power. So there should coordination between security
personal, jail administration and self- administration. The self-administration should be

16
 appointed in association who can manage peace and security within jail and co-ordination
between inmates and jail administration.
f) The government cannot provide the work as per the skill of the individual's so the prison
can be classified on the basis of the different working opportunity and the inmates should
voluntarily transform there. Initially there should be some basic areas of the vocation
should be identified.
g) There should be provision for alternative to prison system. Except crime against national
security in all crime the offender should be provided alternative to prison facility not on
the gravity of crime but on the potentiality of reformation. It should be good for the
offender for re-socialization point of view and it also reduces the population in prison.

17
 BIBLIOGRAPHY

1. Dr. Ram Nath Sharma, Criminology and Penology, Delhi, Surjeet Publications, 2005.
2. Dr. Lokendra Sharma, criminology, Nepal SaikshiksanaYogkendra kathmandu, 2nd
edition 2009 ,
3. Dictionary of law and justice, by Shankar Kumar Sherestha.
4. Frank P. Williams III, Criminological Theory, New Delhi, Hall of Indian Private
Limited,
5. Frank Schmalleger, Criminal Justice today, An introductory text for the 21st century,
6. Nepalese Penal System, An agenda for reformation, CIVICT, Nepal, 2001.
7. Prof.N.V.Prranjape, Criminology and Penology, New Delhi, Published by Central Law
Publication, 2002).
8. Prof. Dr.Ranjit Bhakta Pradhananga, Shreeprakash Upreti, Prison System In Nepal, An
Overview, Nepal Law Review, Vol-19, 2006, Nepal Law Campus.
9. Prof. Madhav Prasad Acharya, Criminology, Kathmandu, Ratan Pustak Bhandar, 2048.
10. P.S.Atchuthen Dillai, Criminal Law, 7TH Ed.Bombay, N.M.TRIPATHI PRIVATE
LIMITED.
11. Ram Ahuja, CRIMINOLOGY, Delhi, Rawat Publication, 2000.United Nations,
Prevention of Crime and the Treatment of Offenders,1955,
12. United Nations, Manual on Human Rights Training for Prison Officials, and
professional Training Series No 11.

Act and Regulation

1. Prison Act, 2019.
2. Prison Regulation, 2020.

Website
1. http://www.drtomoconnor.com/1050/1050lect01a.htm,visited on october, 2017.
2. http://en.wikipedia.org/wiki/Prison, visited on october, 2017.

18