DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
PRISON SYSTEM IN INDIA
NAME OF THE SUBJECT:
CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY

NAME OF THE FACULTY

PROF. P.N.R. BABU

NAME OF THE CANDIDATE:

K. CHANDU
         ROLL NO: 2019LLB098

      SEMESTER: VIII SEMESTER

 
 
 

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ACKNOWLEDGMENT

I would like to express my special thanks of gratitude to my teacher, prof. P. N. R. BABU, who
gave me the golden opportunity to do this wonderful project on the topic the “PRISON SYSTEM
IN INDIA” which helped me in doing a lot of research and I came to know about so many new
things and I am really thankful to my professor. I have tried my best to collect information about
the project in various possible ways despite a clear picture of the given project topic.

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TABLE OF CONTENTS

1. Cover page………………………………………………………………………01
2. Acknowledgement………………………………………………………………02
3. Table of contents………………………………………………………………...03
4. Abstract………………………………………………………………………….04
5. Synopsis…………………………………………………………………………05
6. Introduction……………………………………………………………………...07
7. Prison types in India…………………………………………………………….08
8. Prisoners issues in India…………………………………………………………09
9. Prison reforms and rehabitation…………………………………………………10
10. Cases referred:
 Prem shankar Shukla vs Delhi administration …………………………..11
 D.K. Basu vs State of west Bengal ………………………………………12
11. Conclusion………………………………………………………………………...14
12. Bibliography……………………………………………………………………….15

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ABSTRACT

The term prison comes from the Latin word meaning "to confiscate". According to the Oxford
English Dictionary, prison means a place reasonably efficient and equipped to house people
entrusted by legal process to hold them pending trial and punishment. Under the Government of
India Prisons Act, 1870, prison means any destination or prison including airspace and other
premises or buildings used for prison use. Prison means a prison or a place used for the
permanent or temporary detention of prisoners under the general and special orders of local
authorities.

According to Encyclopedia Britannica, prison means a facility used to imprison persons

convicted of serious crimes or crimes. A prison is traditionally understood to be a place where an
individual is held pending trial or imprisoned for punishment after conviction. Prison means
different things to different people. B. A destination for criminals for the law-abiding, a potential
danger or inevitable humiliation for criminals, and a haven for the socially flawed. , can be a
prison for an isolated person. For prison officials, prison is a place of work, for psychologists it is
a career in behavioral research, for others it is an experience that slows down time. Bring them
together, distinguish them, and change the course of your life.

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SYNOPSIS

RESEARCH QUESTION: what is the difference between Indian prison system and other
countries prison system?

LITERATURE REVIEW: The analysis of the selected topic is based on online and offline
sources viz., articles, books, websites and case studies.

OBJECTIVE OF THE STUDY:

The objective of the study is:

 To know about the how the prison system in India

 To know about what are cases involved in the prison system in India

SCOPE OF THE STUDY: The scope of the study is limited helps to know about the term
prison comes from the Latin word meaning "to confiscate". According to the Oxford English
Dictionary, prison means a place reasonably efficient and equipped to house people entrusted by
legal process to hold them pending trial and punishment. Under the Government of India Prisons
Act, 1870, prison means any destination or prison including airspace and other premises or
buildings used for prison use. Prison means a prison or a place used for the permanent or
temporary detention of prisoners under the general and special orders of local authorities.

SIGNIFICANCE OF THE STUDY: The study helps to know about Prison has traditionally
referred to a place where individuals are held pending trial or imprisoned for punishment after
conviction. Prison means different things to different people. B. A destination for criminals for
the law-abiding, a potential danger or inevitable humiliation for criminals, and a haven for the
socially flawed., can be a prison for an isolated person. For prison officials, prison is a place of
work; for psychologists, it is a career in behavioral research; for others, it is an experience that
slows down time.

RESEARCH METHODOLOGY:

The study is based on doctrinal method of research, and it is descriptive and explanatory study.

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Primary sources: The primary sources include relevant case laws, judgments delivered by
various judges in some renowned cases.

Secondary sources: The researcher has taken information from secondary sources like web
sources, online articles and journals from jstor, ipleader, Hein Online, Lexis advance and manu
Patra.

TYPE OF RESEARCH:

This research is descriptive, analytical and explanatory study.

INTRODUCTION

The role of prisons has changed dramatically over the years, and they are no longer seen as mere
detention centers. The focus thus shifted from incarceration to the training and re-education of
prisoners. Prisons are ancient institutions. The word "jail" means "to confiscate" or "to put in a
cage". The Oxford English Dictionary defines a prison as "a place suitably equipped to receive
persons who have been perpetrated by legal process, for safe custody or punishment at trial."
National prison management is a function of several variables related to socioeconomic
conditions and practical considerations. Socio-economic conditions vary from country to country
and have a significant impact on the country's prison management plans, programs and policies.

Prison management objectives in a country are determined by the financial capacity of the
country and the social and moral consciousness of the communities involved. Prisons were
originally designed as places of detention to hold criminals pending trial and final punishment.

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What was intended as a place of passage became an end point in time, and imprisonment was
seen as an end in itself. Lord Macaulay, in his famous Protocols of 1835, wrote, "Captivity is a
punishment for which we must turn to the Lord." He pleaded for the introduction of such
regulations, but at the same time prevented the humanely shocking circumstances from entailing
them. It has become a prison whose main purpose is to combat crime. Retribution and deterrence
philosophies have been the underlying policies of Indian prison administration. To this end,
prisons have regimes of torture and terror with significant repressive features such as
segregation, solitary confinement and unproductive forced Labour. At the same time, repressive
and punitive policies give way to the philosophy of correcting and rehabilitating criminals.1

The universal importance of this concept is reflected in the United Nations Convention on What
Reform and Reintegration of the United Nations Should Be, adopted by the United Nations
General Assembly on December 18, 1966. Open camps, such as the Sangana Open Prison near
Jaipur, Rajasthan, where prisoners are allowed to stay with their families, can best serve as pre-
reintegration transit stations. Open camps provide inmates with opportunities to reach out to
more communities and assist in rehabilitation after serving a sentence. It is therefore essential to
ensure the necessary facilities, structures, staff, laws and processes to ensure the scientific and
humane management of prisons in line with modern philosophies of reform and rehabilitation.

Another example of an open-air prison is Pune's Atpadi Open Jails, spread over 61 acres and
offering a unique experiment in prisoner rehabilitation. The idea of establishing Open Jails is to
restore human dignity. In other words, a chance to live a normal life after release. In Attappadi,
families of prisoners are allowed to stay.

PRISON TYPES IN INDIA2

Prison Types: There are 8 types of prisons in Indian prison facilities. The most common
and standard prison facilities are central prisons, district prisons, and semi-prisons. Other
types of prison facilities include women's prisons, Borstal schools, public prisons, and
special prisons.
Central Prisons: Criteria for designating prisons as central prisons vary from state to
state. However, a common feature observed across India is that prisoners with long

1
https://www.legalserviceIndia.com
2
https://blog.ipleaders.in

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sentences (more than two years) are held in central prisons, which have larger capacities
than other prisons. These prisons also have rehabilitation facilities.
County Jail: County Jail serves as the primary prison in states/UTs that do not have a
central prison.
Lower Prisons: Lower Prisons are smaller facilities located at subdivision levels within
the state.
2nd Women's Prison: Prison dedicated to female prisoners in most of the staff in such
prisons are usually women.
Borstal School: A Borstal school is a type of juvenile detention center that is used only
to hold minors or young people. The main goal of Borstal Schools is to ensure the care,
welfare and rehabilitation of juvenile offenders in a child-friendly environment and away
from the tainted atmosphere of correctional facilities. Delinquent youths incarcerated in
Borstal schools receive extensive professional training and further education with the
help of trained teachers. Emphasis is placed on education, training and moral impact to
help them reform and prevent crime.
Open Prison: Open Prison is a minimum-security prison. Well-behaved prisoners who
meet certain standards set by prison regulations are allowed to open correctional
facilities. Here prisoners work in agriculture.
Special Prisons: Special Prisons are top security facilities with special arrangements to
hold criminals and prisoners convicted of terrorism, rioting and violent crimes. Special
prison means a prison designed to hold a particular class or class of prisoners, broadly
defined as:
 A prisoner who has committed a serious violation of prison discipline.
 Prisoners vulnerable to violence and attacks.
 When it is difficult to discipline a repeat offender.
 Difficult disciplinary cases involving groups of professional/organized criminals.
Other Prisons: Prisons that do not fall into the above categories fall under the category
of 'Other Prisons'. His three states of Karnataka, Kerala and Maharashtra have one
separate prison in their jurisdiction. As of the end of 2015, there are no other prisons in
other states/UT.

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PRISONERS ISSUES IN INDIA3

The Constitution of India, the Universal Declaration of Human Rights and the Minimum
Standards Rules for the Treatment of Prisoners clearly set out the standards for the treatment of
prisoners in the courts. But prison reality tells a very different tune. Below are some of the
challenges faced by each of the inmates on trial in Indian prisons -

Violence in Prisons: 80 stabbed in the eye, doused with acid and suspected criminals. In
fact, Sunil Batra v. Delhi said the court had already issued an injunction directing
authorities that prisoners should not be physically abused by prison staff and should be
provided with adequate medical and health facilities.
The criminalizing effect of prison: The existence of hardened offenders and the lack of
a scientific taxonomy to distinguish them from other offender’s adult criminals are
tainted with full-blown criminals very ordinary.
Health Issues: Most prisons face problems of overcrowding and lack of sufficient space
to house prisoners in a safe and healthy condition. Most prisoners found in prisons come
from socio-economically disadvantaged backgrounds where disease, malnutrition and
lack of medical care are prevalent. When such people are packed into unhealthy
conditions, contagious diseases and contagious diseases can easily spread.
Mentally ill prisoners: Mentally ill prisoners make up another percentage of the
population, but are largely ignored and forgotten by both the outside world and the inside
world. increase. However, given the nature of the disease and general social attitudes,
they are unfortunate victims of human rights violations. Individuals booked under the
Drug Control Act after a crime make up a significant percentage of inmates.
Effects on prisoners' families: Prisoners are unable to provide for their families. In the
absence of the primary breadwinner, families are often left in dire straits as children
become lost. This, combined with the social stigma they face, creates a situation that
drives children to crime and exploitation by others. It's an unstoppable cycle.

PRISON REFORM AND REHABITATION:4

3
https://www.merhrdi.gov.in
4
https://www.penacclaims.com

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 Recreation Facilities: All religious and national festivals are celebrated by everyone in
prison. All prisons are flagged on Republic Day and Independence Day. All religious
festivals like Holi, Diwali, ID, Guru Parv and X-Mass are celebrated by everyone. On
Lakshbandhan day, sisters/brothers are allowed to meet inmates and tie rakhi. This is a
big event where prison administrators tell an inmate that she cares.
Education, Facilities: Adult and formal education arrangements are made for prisoners.
Educational activities are overseen by government resources and NGO involvement. The
study centers of the Indira Gandhi National Open University (IGNOU) in New Delhi and
the National Institute of Open Schooling (NIOS) in Delhi are located in Tihar Prison.
Computer training centers also operate in prisons, providing computer training to
inmates.
Sports activities: Sports activities form an integral part of the overall management.
Sports competitions between prisons are held in a variety of games christened as the
Tihar Olympics. Games such as cricket, badminton, volleyball, basketball, table tennis,
chess, coco, kabaddi and tug of war are played regularly.
Yoga and Meditation: Massive yoga and meditation courses have been launched with
the help of various volunteer organizations to purify and train the mind.
Legal Aid Activities: Each prison has a Legal Aid Office attended by lawyers from the
Delhi State Legal Services Department and the Delhi High Court's Legal Services
Commission. Eligible inmates are also guaranteed state-funded appeals, and these
inmates are entitled to regular counseling and visiting attorneys from prison authorities.
Social Engagement in Reform: Numerous prominent members of non-governmental
organizations, retired major generals, professors of I.I.T. Delhi, eminent psychiatrists,
psychologists, directors and teachers from various educational institutions performed
various activities in the prison. These NGOs had a very sobering and positive effect on
the prisoners' psyches, and after interacting with them they showed a positive and
constructive attitude towards life. These prisoners continue to receive rehabilitation after
their release.

RIGHT TO SOLITARY CONFINENMENT AND PROTECTION FROM TORTURE: 5

5
https://www.hrw.org

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Isolation or solitary confinement of prisoners, or complete isolation of prisoners from society at
large, is prohibited. Torture for confessions has been considered normal by investigators and
investigative agencies. Morally, it shows the burden of the strong and the weak.

PREME SHANKAR SHUKLA vs. DELHI ADMINISTRATION 1980 AIR 1535,

1980 SCR (3) 8556
INTRODUCTION:
In this case the applicant is being held in pretrial detention in Tihar Prison. From prison
he must be taken by a magistrate and returned to prison periodically in connection with a
particular case pending against him. Not allowed and should not be practiced. The
Supreme Court ruled that handcuffs should only be used as a last resort.
FACTS:
The Supreme Court has ruled that the practice of handcuffs and shackles by police
officers is objectionable and questionable. The Supreme Court raised further questions
and doubts, limiting police discretion to handcuffing detainees. In the following case, the
plaintiff, his Prem Shankar Shukla, was transferred from prison to the Magistrate's Court
as a remand prisoner and upon his return, sent a telegram to the Supreme Court. A
petition for habeas corpus was formally filed in court, where Judge Krishna Iyer found it
to be consistent with Articles 14 and 19 of the Indian Constitution, stating that "any
prisoner shall routinely or shall not be cuffed for the convenience of escorts.
JUDGMENT:
In this case, the use of handcuffs was held and alleged to be prima facie improper and
arbitrary, and on the basis of such practice, the Supreme Court issued specific guidelines
that all persons must follow and prescribe. and established guidelines. Further, it was said
that preventing desertion along the way was in the public interest, reasonable and fair,
and could not be flogged. The statement further reiterated the fact that there were other
measures that could be taken to ensure Dechen’s custody was safe and secure, without
the cruelty and humiliation inherent in the methods chosen. As a prisoner under
prosecution of the, I must agree with the precautionary claim that restraints have a
detrimental effect on the human body and humiliate the wearer for no reason.

6
AIR 1535,1980 SCR (3) 855

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 It should also be noted that prisoners in transit shall not be handcuffed or handcuffed
unnecessarily for the sake of their companions or for their convenience. Moreover,
everyone should understand and analyze that if there is no need to tie people up, it is
sadistic, capricious, despotic, demoralizing, and it happens to tie people up and humiliate
them. You should know that handcuffs mean hard wrestling and humiliating punishment,
you cannot rely on this to ensure your safety, and handcuffs should be used as a last
resort. Prisoners should not be routinely restrained or handcuffed for their welfare or
convenience, and functional safety constraints should reach such disastrous levels that
non-handcuff alternatives work.
D.K. BASU V. STATE OF WEST BENGAL 1997 1 SCC 4167
INTRODUCTION:
The court held that torture in custody constitutes a grave violation of human dignity and
degrades an individual's personality. The right to life and liberty are expressions of
human rights. Therefore, the court ruled that an arrested person cannot be detained
without providing knowledge and information about the grounds for the arrest and should
not be denied the right to counsel.
FACTS:
DK Basu was the chairman of West Bengal's Legal Aid Services, a non-political
organization. He wrote to the Supreme Court of India, bringing to the court's attention
messages published in various newspapers about deaths in police custody and
imprisonment. The letter urged the courts to look into the matter so that, despite efforts,
such violent crimes always go unpunished and the victims' families could receive some
form of compensation. requested that this letter be treated as a petition in the Public
Interest Litigation category. Given the gravity of the issues raised in the letter, it was
treated as a written petition and notified to the defendants.
ISSUES:
 Are custodial deaths and violence on the rise?
 Do we need guidelines on the arrest and detention of Detenu?
 Are the police responsible for deaths and violence in prisons?
 Are deaths and violence in prisons against Article 21 of Detenu?

7
1997 1 SCC 416

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 JUDGMENT:

The Supreme Court further stated that arrest and detention are subject to the guidelines
established the following guidelines: Violation of these guidelines not only results in lawsuits
being filed by police departments, but also bypasses judicial proceedings in the High Court’s
dealing with the matter., wear a visible and clear identification tag and name tag. The personal
information of all interrogating police officers must be recorded in a register.

A police officer making an arrest must make an arrest record at the time of arrest, which includes
at least his must be present as witnesses. is made. It must also be countersigned by the person
arrested and must include the date and time of arrest.

Arrested persons at a police station, interrogation center, or other place of custody must inform a
friend, relative, or other person they know, or who has an interest in their safety, that they have
been arrested and detained. We reserve the right to notify you immediately. unless the witness
testifying to the record of the arrest is himself a friend or relative of the arrestee.

If the arrested person's close friends or relatives live outside the county or city, the time, place,
and location of the arrested person's arrest shall be within the affected area of 8 to 12 county
legal aid and county police departments. You must be notified by the police to make a telegram
report through hours after the arrest. Arrested persons shall be informed of their right to be
informed of their arrest or detention by someone as soon as they are arrested or detained.

CONCLUSION

The prison system as it currently operates is a legacy of British rule in our country. It was the
colonial rulers who created our penal system with the motive of making imprisonment a terror to
wrongdoers. The Indian Criminal Service also includes the Department of Prisons. It is true that
people are not born criminals, but their social and economic circumstances make them criminals.
must be well fed, housed and medically administered by correctional authorities.

The main purpose of imprisonment is not to punish criminals, but to enable them to live a normal
life in society after their punishment is over. India's penal system is also based on reform theory.
Although many reforms have been made to the Indian prison system, some reforms are still
needed due to the worsening conditions of prisoners in prisons. There were no strict laws for

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prisoners. There are many cases of prisoners committing suicide and murder in prisons and being
tortured and beaten by prison guards, and these cases are increasing day by day, so there is a
need for proper laws to protect prisoners.

They also have all the rights that other citizens have. There was also a need for more prisons or
prisons, since the capacity of all prisons was less than the number of prisoners.

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BIBLIOGRAPHY

 https://www.legalserviceindia.com
 https://blog.ipleaders.in
 https://www.merhrdi.gov.in
 https://www.penacclaims.com
 https://www.hrw.org

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