UNIT 3

1. Discuss the rights of prisoners under the Indian Constitution.

The Constitution of India ensures that every person is treated equally under the law or provided with equal
legal protection while in India. This also applies to prisoners, who are guaranteed certain rights and should
be treated as individuals. Indian courts, including the Supreme Court, acknowledge the fundamental rights
of prisoners in India. The Supreme Court has emphasized that regardless of the circumstances that led a
person to commit a crime, prisoners must be treated with respect and provided with basic human rights,
dignity and compassion.

In the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors., the Supreme Court ruled that prisoners
retain all their fundamental rights unless their liberty has been constitutionally restricted.

According to the Model Prison Manual 2016, a prisoner is anyone who is confined in a prison under the
authority of a competent body. In simpler terms, a prisoner is a person held in jail or prison because they
have committed an act prohibited by the law of the country. In India, the terms “prison” and “jail” are used
interchangeably and both convicted individuals and those awaiting trial are commonly referred to as
prisoners.

Rights of the Prisoners in India under the Constitution

1. Right to Equality - Article 14 of the Constitution provides prisoners the basic human rights,
including access to nutritious food, just like any other citizen. Article 14 of the Constitution
guarantees equality before the law and the equal protection of the law, ensuring that all
individuals should be treated equally.

2. Right to write a book / Expression - The right to personal liberty includes the right to write a
book and get it published. The denial of this right without the authority of law violates Article 21
of the Constitution.

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3. Right to Life and Personal Liberty - Article 21 of the Indian Constitution encompasses the
right to life and personal liberty, ensuring protection against arbitrary actions or decisions
affecting life or freedom, thus safeguarding human dignity and autonomy.

4. Right Against Double Jeopardy or Punishment - Article 20(2) of the Constitution of India
guarantees that no person shall be prosecuted and punished for the same offence more than once.

5. Right to Speedy Trial - The right to a speedy trial, guaranteed under Article 21 of the Indian
Constitution, applies to all individuals, innocent or accused. In the case of Hussainara Khatoon
v. State of Bihar, the Supreme Court emphasized the plight of many, including children,
detained for prolonged periods awaiting trial. The Court deemed such delays unjust and unfair,
as they violated the fundamental right to a timely trial outlined in Article 21.

The Supreme Court held that a procedure that keeps a large number of people behind bars
without trial for an extended period cannot be considered reasonable, just or fair and it does not
conform to the requirements of Article 21.

6. Right to Free Legal Aid - The Indian Constitution guarantees the right to consult a lawyer for
anyone who is arrested, ensuring legal representation and protection of rights. This includes
provision for legal aid for the disadvantaged, aiming to safeguard against mistreatment and
coercion during police custody. The Legal Services Authority Act (LSAA), 1987, further
reinforces this right, ensuring access to legal aid for those in custody, with the state covering
costs if accepted by the individual.

7. Right to Live in Humane and Good Conditions - In the case of Upendra Baxi v. State of
U.P., the Supreme Court issued various directions to guarantee that inmates in the protective
Home at Agra do not live in inhumane and degrading conditions. This upholds the right to live
with dignity as enshrined in Article 21 of the Constitution.

8. Right Against Custodial Violence and Death in Police Lock-ups or Encounters - The right
against custodial violence and death in police lock-ups or encounters safeguards prisoners in

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 India from abuse such as physical torture or custodial deaths. Custodial violence includes
physical torture, sexual harassment or custodial deaths. No one should be subjected to torture,
cruel, inhumane or degrading treatment or punishment.

In the case of Sunil Batra v. Delhi Administration, a convict, Sunil Batra, reported violence in
prison to the Supreme Court. The court held that prisoners should be protected from corporal
punishment and violence.

9. Right against Delayed Execution - ensures that prolonged detention awaiting the execution of
a death sentence is deemed unjust, unfair, and a violation of Article 21. In T.V. Vatheeswaran v.
State of T.N., where the appellant awaited execution for eight years, the Supreme Court
acknowledged that such prolonged detention, especially in illegal solitary confinement,
constitutes a gross violation of the fundamental right guaranteed by Article 21. Consequently, the
Court ruled that the only remedy to rectify this injustice was to quash the death sentence.

Conclusion - The Constitution of India establishes a democratic welfare state that ensures equal opportunity
for all individuals without discrimination, allowing personal growth and contribution to the nation. A key
objective of the Constitution is to establish infrastructure in jails to provide prompt and efficient legal aid to
prisoners, making them aware of their rights, including the valuable Right to Life and Liberty guaranteed
under Article 21 of the Constitution of India, as well as the resources available to protect these rights.

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2. What is Open Prison ? Discuss the advantages and disadvantages of open prison

There is no single definition of open prison but it is generally accepted that it refers to a place where
prisoners have comparative freedom of movement,are under minimum security conditions and are places for
self improvement and rehabilitation. An open prison, also called minimum-security prison, open camp,or
prison without bars, is a prison which is open in four respects:

● Open to prisoners, i.e., inmates can go to market at sweet will during the day but have to come
back in the evening
● Open in security, i.e., there is absence of precautions against escape,such as walls, bars, locks
and armed guards
● Open in organization, i.e., working is based on inmates sense of self-responsibility,
self-discipline, and self-conFidence and
● Open to public, i.e., people can visit the prison and meet prisoners

Advantages of open prison are as follows

1. Reduces overcrowding: Open prisons help alleviate the burden of overcrowding in the prison
system. By allowing certain inmates to serve their sentences in open facilities, there is more
space available in closed prisons for those who require higher levels of security. This can lead to
improved living conditions for all prisoners and better management of resources within the
prison system.

2. Reduces prison expenditure: Open prisons tend to be more cost-effective than closed prisons.
They require fewer staff and resources to operate due to their lower security requirements. This
reduction in expenditure can free up funds that can be allocated to other areas such as
rehabilitation programs or addressing the root causes of crime.

3. Improvement and rehabilitation atmosphere is created: Open prisons often provide a more
conducive environment for rehabilitation compared to closed prisons. With less emphasis on

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 strict security measures, inmates may have increased access to educational, vocational, and
counseling programs aimed at addressing the underlying issues contributing to their criminal
behavior. This can lead to a higher likelihood of successful reintegration into society upon
release.

4. Prisoners with good behaviors are rewarded: In open prisons, inmates who demonstrate good
behavior and a commitment to rehabilitation are often rewarded with increased privileges and
responsibilities. This positive reinforcement can incentivize positive behavior and motivate
prisoners to actively participate in their own rehabilitation process.

5. Examine the suitability of releasing the offenders: Open prisons provide an opportunity to
assess the readiness of offenders for release back into the community. Through close supervision
and monitoring, prison authorities can evaluate an inmate's behavior, progress, and readiness to
reintegrate into society. This allows for a more informed decision-making process regarding
parole or early release.

6. Enables prisoners to live with family: Unlike closed prisons, which may be located far from
inmates' families, open prisons are often situated closer to urban areas, allowing prisoners to
maintain closer ties with their families. This can have a positive impact on prisoners' mental
well-being and their prospects for successful reintegration into society post-release.

7. Allowed to find employment: Open prisons may allow inmates to work or participate in
vocational training programs outside the prison facility. This not only provides inmates with
valuable job skills and work experience but also increases their chances of securing gainful
employment upon release. Employment opportunities can significantly reduce the likelihood of
recidivism by providing stable income and a sense of purpose.

8. Self-regulatory: In open prisons, there is often an emphasis on promoting self-discipline and

personal responsibility among inmates. With less restrictive environments, inmates are
encouraged to take greater control of their actions and decisions. This can foster a sense of
autonomy and empowerment, which are essential for successful reintegration into society.

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Disadvantages of open prison are as follows

1. Escape risk: Open prisons pose a higher risk of escape compared to closed prisons. With fewer
physical barriers and less stringent security measures, inmates in open prisons may have greater
opportunities to abscond. This can pose a significant challenge to law enforcement agencies and
compromise public safety.

2. Public safety concern: The potential for escape from open prisons raises concerns about public
safety. Escaped inmates, especially those convicted of serious crimes, may pose a threat to the
community. Incidents of violence, theft, or other criminal activities by escaped prisoners can
erode public trust in the criminal justice system and lead to increased fear among the general
population.

3. Ineffective for high-risk offenders: Open prisons may not be suitable for inmates considered
high-risk or posing a significant danger to society. These individuals may require a higher level
of supervision and security measures to prevent them from engaging in further criminal behavior
or causing harm to others. Placing high-risk offenders in open prisons could jeopardize public
safety and undermine the goals of incarceration.

4. Inequality in access: Access to open prisons may be limited and unevenly distributed among
inmates. Factors such as socioeconomic status, race, or the nature of the offense may influence
who is eligible for placement in an open prison. This inequality in access can exacerbate existing
disparities within the criminal justice system and perpetuate injustices.

5. Challenges in monitoring and self-regulation: Maintaining effective monitoring and ensuring

compliance with rules and regulations can be challenging in open prison environments. Unlike
closed prisons where security measures are more rigidly enforced, open prisons rely to a greater
extent on inmates' ability to self-regulate and follow the rules voluntarily. This can lead to
instances of misconduct, rule violations, or lapses in supervision, undermining the effectiveness
of the rehabilitation process.

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3. Problems faced by women prisoners

In the Indian prison system, despite provisions aimed at protecting women, such as segregating male and
female inmates, female prisoners face numerous challenges. NCRB reports highlight overcrowding as a
major issue, leading to inadequate facilities for basic needs. The following are the challenges faced by
female accused in Indian prisons and addressing these challenges requires comprehensive reforms and
interventions to ensure the rights and well-being of female prisoners are upheld and protected within the
criminal justice system.

1. Lack of Female Prisons: Female prisoners in India often face challenges due to the scarcity of
dedicated women's prisons. Unlike male prisoners who are typically housed in facilities separate
from females, many female inmates are placed in prisons alongside male prisoners. This
cohabitation can create discomfort and safety concerns for female prisoners, as they may feel
vulnerable and exposed to potential harassment or abuse from male inmates. Moreover, the lack
of separate facilities can also impact their access to gender-specific programs and services
tailored to their needs.

2. Poor Living Standards and Overcrowding: Indian prisons, both male and female, frequently
suffer from overcrowding and substandard living conditions. Despite guidelines set forth in the
National Prison Manual regarding the size of cells and barracks, overcrowding remains a
significant issue. Overcrowding leads to limited personal space, increased tension among
inmates, and difficulties in maintaining hygiene standards. It also exacerbates the spread of
infections and contributes to mental health issues among prisoners.

3. Lack of Basic Facilities like sanitation and hygiene: Female prisoners often struggle to access
proper sanitation and hygiene facilities, particularly during menstruation. While access to
sanitary pads is crucial for maintaining menstrual hygiene, reports suggest that female prisoners
may not receive them free of charge. Instead, they may have to resort to using unhygienic
alternatives such as cloth or newspaper. Furthermore, inadequate infrastructure and limited
availability of sanitary products in some prisons further compound the challenges faced by
female inmates in maintaining their hygiene.

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4. Poor spending on the Health and Welfare of Female accused: Government spending on
prisoners in India, including females, is often insufficient to meet their basic needs and ensure
their well-being. This inadequate funding may result in shortages of essential items such as food,
medical care, clothing, and educational opportunities for female prisoners. As a result, female
inmates may suffer from poor health outcomes and have limited access to resources that could
support their rehabilitation and reintegration into society upon release.

5. Lack of free legal aid: While the Indian Constitution mandates the provision of free legal aid to
undertrial accused, including women, in practice, many do not receive adequate legal assistance.
Despite the establishment of legal aid boards at the central and state levels, there are often gaps
in providing legal aid services due to insufficient knowledge about the accused or a lack of
coordination between legal aid authorities and law enforcement agencies. As a result, many
female prisoners may not receive the legal support they need to navigate the criminal justice
system effectively.

6. Custodial rape and torture: Female prisoners are vulnerable to abuse, including custodial rape
and torture, by authorities or other inmates. Despite legal protections against such acts, instances
of abuse against female inmates have been reported. These incidents highlight systemic failures
in ensuring the safety and security of female prisoners within the prison system. Stronger
safeguards and accountability measures are needed to prevent and address instances of custodial
abuse and ensure the dignity and rights of female prisoners are upheld.

7. Lack of facilities for children of female accused in jail: Children of female prisoners face
unique challenges, including separation from their mothers, inadequate care, and exposure to
unhealthy environments within prisons. Despite provisions allowing children to stay with their
mothers in prison until a certain age, many prisons lack proper facilities, such as childcare
centers or appropriate living spaces, for children. This can result in children being exposed to
inappropriate conditions and negatively impact their well-being and development. Efforts are
needed to provide adequate support and resources for children of female prisoners to ensure their
rights and welfare are protected.

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Prison reforms

Prison reforms refer to systematic changes and improvements made to the operations, policies, and
conditions within prisons with the aim of enhancing their effectiveness, efficiency, and humaneness. These
reforms typically encompass a range of areas, including but not limited to Institutional Conditions,
Overcrowding, Healthcare, Rehabilitation and Education, etc

As said by Oscar Wilde - “ it is not the prisoners that need reformation, it is the prisons”

The General Issues Related to Prison in India (Why do we need it)

● Overcrowding
● Under-trials
● Pendency of Cases
● Shortage of staff
● Condition of women prisoners
● Instances of torture and sexual abuse
● Prison inmates living with infectious diseases
● Colonial Nature and Obsolete Laws

Committee and suggestions on Prison Reforms

All India Committee on Prison Reforms Report (Mulla Committee)

The All India Committee on Prison Reforms, also known as the Mulla Committee, made several
recommendations aimed at improving the conditions and management of prisons in India
1. Making proper accommodations for items like clothing, hygiene, food, and ventilation can help
the state of jails around the nation.
2. The personnel at the prison needs to have the proper training and be divided into various cadres.
To hire jail staff nationwide, it would make sense to create an All-India Service named the Indian
Prisons and Correctional Service.

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 3. Regular visits by the public and the media to prisons and other correctional facilities are
necessary so that they can learn firsthand about the conditions inside and demonstrate their
willingness to collaborate with prison administrators on rehabilitation initiatives.
4. The number of prisoners awaiting trial should be maintained to a minimal and separated from
those who have already been found guilty.
5. Because undertrials make up a significant proportion of the prison population, their numbers can
be reduced through expedited trials and the liberalization of bail provisions.
6. The government should try to give enough funding and resources for prison reforms.
7. It was advised that open jails akin to the Sanganer open camp in Rajasthan be established and
developed by the government in each state and UT.
8. It was also advised that lifers with a positive prognosis be sent to semi-open and open prisons.

Recommendations of Law Commission of India in its 268th report of Prison Reforms:

● The Commission suggested that persons arrested for crimes carrying sentences of up to seven
years in prison be freed after serving one-third of that time and those accused of crimes carrying
lengthier sentences be released after serving half of that time.
● Additionally, it was advised that the magistrates should not issue mechanical remand orders and
that the police should avoid making unnecessary arrests.

Justice Amitava Roy Committee Prison reform recommendations:

● Amitava Roy, a former judge of the Supreme Court, will serve as the chairman of the
three-person committee that the Supreme Court established in 2018 to study jail reforms
nationwide and give suggestions on a variety of issues, including prison overpopulation.
● It suggested that special fast-track courts be established to handle only minor offences that had
been outstanding for more than five years.
● Additionally, those who have been charged with minor crimes and have been granted bail but are
unable to secure surety should be freed on a Personal Recognizance (PR) Bond.
● Establishing a national mission for legal reforms and justice delivery.

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The Krishna Iyer Committee on Prison Reforms

● The Justice Krishna Iyer Committee was established by the Indian government in 1987 to
evaluate the conditions of women prisoners there.
● Due to their special role in dealing with women and child criminals, it has argued for the
recruitment of more women into the police force.
● The National Expert Committee on Women Prisoners, presided over by Justice V. R. Krishna
Iyer, delivered its report to the government in February 1988.

Steps Taken by Government of India for Administration of Prison Reforms in India:

● To appoint Review Committees for the under-trial prisoner population at the state and district
levels.
● To hire part-time or full-time law officers in prison and give legal help to impoverished and
vulnerable prisoners
● To closely abide by the Code of Criminal Procedure, 1973 rules regarding the allotted amount of
time for an investigation and inquiry
● Creating a time-bound strategy for enhancing the living conditions of convicts with a focus on
water supply, sanitary facilities, and electrical and submitting it to the Ministry of Home Affairs
for approval (MHA)
● To create a State Board of Visitors to regularly inspect prisons and provide the State Government
with a report on their conditions

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4. Alternative to Imprisonment

1. Probation - Probation allows offenders to avoid incarceration and instead be supervised by a

probation officer while living in the community. This approach recognizes that imprisonment
may not always lead to rehabilitation, especially for young offenders who may be influenced by
hardened criminals in jail. By granting personal freedom and supervision, the court aims to
encourage offenders to reform their behavior and avoid becoming repeat offenders.

A probation officer supervises individuals sentenced to probation, often first-time or lower-level

offenders, as an alternative to incarceration. Their role is to monitor compliance with probation
conditions, such as maintaining employment, attending counseling or treatment programs, and
submitting to drug testing. Probation aims to rehabilitate offenders while allowing them to
remain in the community as responsible members. Probation officers provide guidance and
support to help individuals address underlying issues and successfully reintegrate into society,
ultimately promoting public safety.

Appointment of Probation Officer - Section 13 of the Probation of Offenders Act states about
the appointment of Probation Officer:

● A person appointed by or recognized as a probation officer by the Government of the

State.
● A person to whom a company recognized on behalf of the State Government has made
provision for this reason.
● Any other person who, according to a court, is fit to act, under the particular
circumstances of the case, as a probation officer in an exceptional case.

Powers and Duties of Probation Officer

Pursuant to the Offenders Probation Act 1958 – Section 14 Gives details concerning the duties of
probation officers that, subject to such conditions and limitations as may be imposed, a probation
officer is expected to do:

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 ● enquire, in accordance with any directions of a court, into the circumstances or home
surroundings of any person accused of an offence with a view to assist the court in
determining the most suitable method of dealing with him and submit reports to the court;
● supervise probationers and other persons placed under his supervision and, where
necessary, endeavour to find them suitable employment;
● advise and assist offenders in the payment of compensation or costs ordered by the Court;
● advise and assist, in such cases and in such manner as may be prescribed, persons who
have been released under section 4;
● perform such other duties as may be prescribed.

In the case of Phul Singh v. State of Haryana (1979), the Court stated that probation on the ground of
good conduct cannot be granted to someone in his twenties who has committed a heinous offence
like rape.

Merits and demerits

The following are the merits posed by the method of probation:

● It helps to prevent first time offenders from being influenced by criminals in prison.
● It protects and rehabilitates juvenile offenders.
● It helps in preventing prisons from being over-crowded.
● It provides an offender with a second-chance to function normally in society.

The following are the demerits of the system of probation:

● It permits offenders to free themselves from legal consequences.

● It sends a bad message to people intending to commit crimes that they can walk out free.

2. Parole - Parole, originating from the French phrase "je donne ma parole," meaning "I give my
word," is a form of release granted to prisoners who are serving their sentence. Similar to

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probation, the aim of parole is to provide offenders with an opportunity to rehabilitate themselves
and reintegrate into society.

In India, rules governing parole are primarily provided by the Prisons Act, 1894, and the
Prisoners Act, 1900. However, there is no uniform law of parole across the country, as individual
state governments have the authority to enact their own laws and guidelines. As a result, the
specifics of parole regulations may vary slightly from one state to another. Overall, parole serves
as a mechanism for prisoners to demonstrate their readiness to abide by societal norms and laws,
allowing them to transition back into the community while under supervision and adherence to
certain conditions.

Refusal of parole - The following are the types of offenders who cannot be granted parole:

● Who are not citizens of India.

● Convicted for crimes that pose a threat to national security.
● Convicted for crimes against the State.
● Violation of disciplinary rules in prison.

Types of parole - There are mainly two types of parole, which are custody parole and regular
parole.

Custody parole - Custody parole is also called emergency parole. It is granted for fourteen days
for reasons like the death of close family members like grandparents, parents, siblings, children,
spouse, for the marriage of a family member like that of a sibling or son or daughter, etc.

Regular parole - Regular parole is granted for a maximum period of one month, usually for
offenders who have served at least one year of their sentence. It is granted for reasons similar to
the following:

● Due to any family member being seriously ill.

● Death or accident of a family member.

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 ● When the convict’s wife has given birth.
● To maintain familial ties.
● When there has been serious damage to the life and property of his family due to any
natural calamity.
● To file for a special leave petition.

Merits and demerits

The following are the merits or purposes of provision of parole, as per the decisions:

● It enables prisoners to stay in touch with their families and community.

● It helps them to be involved in important matters pertaining to their families, and also
solve their personal problems.
● It gives them a short period of relief from the ill effects of being in prison.
● It achieves the purpose of rehabilitation and reformation of the prisoner.
● It encourages prisoners to maintain good conduct in prison.

The following are the demerits of the provision of parole:

● Good conduct during imprisonment is not a guarantee for good conduct after release.
● The chances of political interference are very high. Privileged prisoners with political
connections have it easier to receive parole.

SL BASIS PROBATION PAROLE

NO

1 Definition Granted to offenders released into Temporary release for prisoners

community under supervision, with conditions during
instead of imprisonment imprisonment

2 Governing Governed by the Code of Criminal Recognized under the Prisons

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SL BASIS PROBATION PAROLE
NO

Laws Procedure and the Probation of Act and Prisoners Act, with
Offenders Act in India state governments issuing
guidelines

3 Nature of Pronounced by the court, judicial in Usually decided by Deputy

Judgment nature Secretary of Home Ministry or
District Magistrate,
quasi-judicial in nature

4 Timing of Grant Before the convict undergoes After the prisoner undergoes a
imprisonment minimum period of
imprisonment

5 Previous Not granted to offenders Granted to offenders already

Convictions imprisoned or convicted before undergoing imprisonment

6 Consequences Defaulting on conditions leads to Violating conditions sends

of Violation resentencing to prison convict back to prison based on
original judgment

7 Stage in First stage in offender's correctional Last stage after offender

Correctional process undergoes initial punishment
System

8 Social Stigma Less stigma as offender is not May face discrimination upon
sentenced to prison release due to prison history

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5. Histrinomy of Victimology and Theories of Victimology

Whenever any crimes take place in the community, most of the discourse and discussion pertains to the
criminological aspect of the crime. A by-product of any crime in society is the victim. The ironic thing is
that the victim remains the forgotten party, for whose remedy at the first place the whole system was
established.

During ancient times, victims held significant rights and played a pivotal role in the criminal justice system,
whether under Hindu kings or during the Muslim Period. Despite the often harsh and barbaric nature of the
trial and punishment systems, the primary aim was to deliver justice to the victims. However, the advent of
the adversarial system of justice worsened the plight of victims. It became commonly believed that the
conviction and sentencing of the offender were sufficient to address the victim's claim. This assumption,
however, is deemed unfair and unjust. Justice necessitates that, while society and the State focus on
correction and rehabilitation measures for offenders, equal consideration must be given to victims. This can
include providing compensation for their losses, suffering, and physical and mental anguish.

French Lawyer Benjamin first used the word victimology as the study of a crime from the point of view of
the victim or the sufferer. The followings are the theory of Victimology:

● Victim Precipitation Theory

The victim precipitation theory suggests that some victims may initiate the circumstances leading
to their victimization, either actively or passively. Research indicates that individuals with
impulsive personalities tend to have higher rates of victimization, as they are more likely to be
targeted due to their antagonistic behavior and propensity for risky situations. Passive
precipitation occurs when a victim unknowingly behaves in a way that encourages an attack,
often due to power struggles or unintentional threats to authority. Examples include minorities
and political activists. Conversely, active precipitation occurs when victims engage in
threatening or provocative actions.

● Lifestyle Theory

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 The lifestyle theory posits that individuals may become targets for criminals based on their
lifestyle choices. Examples of such choices that increase the risk of victimization include
walking alone at night and residing in areas perceived as unsafe or "bad" parts of town.

● Deviant Place Theory

The deviant place theory suggests that individuals who frequent high-crime areas are more likely
to be exposed to criminal activities, increasing their risk of victimization. This theory emphasizes
that victims themselves may not actively encourage crime but are still vulnerable due to residing
in socially disorganized neighborhoods with elevated crime rates. Even if individuals do not
engage in risky behaviors or lead a dangerous lifestyle, their proximity to crime-prone areas
increases their likelihood of encountering offenders. To reduce the risk of victimization
according to this theory, individuals must relocate from deviant and unsafe neighborhoods to
areas with lower crime rates.

● Routine Activities Theory

The Routine Activity Theory examines crime from the perspective of offenders, suggesting that a
crime occurs when a potential offender perceives a suitable target and lacks the presence of a
capable guardian. In other words, the decision to commit a crime is based on the offender's
assessment of the situation. Factors that increase the risk of victimization according to this theory
include the availability of attractive targets, such as homes with valuable items, and the absence
of capable guardians.

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7. Explain the Police structure and organization in lndia and Discuss the main function of the police.

Police is the function of that branch of the administrative machinery of government which is charged
with the preservation of public order and tranquility, the promotion of the public health, safety,
and morals, and the prevention, detection,and punishment of crimes.Therefore, another definition of ‘Police’
can be construed from the preamble whichis Police is an instrument whose objective is the prevention and
detection of crime

The organization and structure of the police in India have undergone significant evolution throughout
history, reflecting changes in governance and societal needs. In ancient India, governance was based on
principles of Dharma and Danda, with the enforcement of laws being a crucial aspect of statecraft. Policing
during the Mauryan and Gupta periods was systematic, as evidenced by Kautilya's 'Arthasastra', which
described the organization and functions of the police. The Moghul period saw the emergence of the
Fauzdari System, with Kotwals and Thanedaar responsible for maintaining law and order.

British rule introduced a centralized police force under the Police Act of 1861, which made the police
subordinate to the executive government. This structure remains largely unchanged, with the police
responsible for maintaining public order and preventing and detecting crime. According to Article 246 of
the Constitution of India, police and public order are state subjects, leading to the police in India being
maintained and controlled by the states.

Organization and Structure

Police administration is a state responsibility. However, the union government's role in police
administration- relates to making laws and making amendments to basic police laws like Indian
Penal Code,Management of Indian Police Service etc. The Central Government also assists the state
governments in maintaining law and order through its reserve units, like the Central Reserve Police Force,
Border Security Force, Railway Protection Force, Central Industrial Security Force etc.
CentralBureau of Investigation (CBI) and Central Intelligence Bureau (CIB) also provide assistance to the
state police organizations in the fields of law and order, security and administration of justice.

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Police structure in state

At the state level, police administration is more or less uniform throughout the country. The
Home Department coordinates and supervises the police administration. The real work of
police administration is undertaken by the Director General of Police/InspectorGeneral of Police. The
police set-up in big cities like Delhi, Kolkata,Mumbai, Chennai, Hyderabad etc. is directly under
the Commissioner ofPolice.The state is divided into territorial divisions called ranges. A number of districts
constitute a range. Each district police is further subdivided into police divisions, circles and police-stations.

Range Level

Each range is headed by the Deputy Inspector General of Police. Each Policerange comprises a few districts,
which may vary from 2 to 8 depending upon the size, population and importance of the district. A major
function of the DIG is to coordinate the activities of district police and to take measures for
inter-district cooperation. He also ensures harmonious relations between the police and executive
magistrates.

District and Sub-District level

The district level of police administration plays a pivotal role in translating laws and regulations into
actionable measures. The Superintendent of Police (SP) is tasked with maintaining law and order and
overseeing law enforcement activities within the district. While technically under the overall control of the
Collector, the SP and their subordinate officers typically operate with a degree of operational autonomy.

To support the police in their duties, various specialized units such as home guards, women police, crime
branch, and dog squads operate at the district level. The district police organization is further structured into
subdivisions, each headed by a Deputy Superintendent of Police or Additional Superintendent of Police.
These subdivisions are then divided into police circles, with each circle typically encompassing 3 to 10
police stations. At the helm of each police circle is an Inspector of Police.

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The police station serves as the fundamental unit of the police organization, responsible for maintaining law
and order, preventing and controlling crime, and safeguarding the lives and property of the community.

Senior police positions in states are filled from the Indian Police Service (IPS) cadre, recruited on an
all-India basis. Recruitment and promotion for lower-ranking positions, from police constables to deputy
superintendents of police, fall under the purview of the state governments.

The duties and responsibilities of the police, as outlined in Section 57 of the Model Police Act, 2006,
encompass various crucial functions aimed at upholding law and order, protecting public safety, and
promoting societal well-being. These duties include:

1. Upholding and enforcing the law impartially to protect life, liberty, property, human rights, and
dignity of the public.
2. Promoting and preserving public order to ensure social harmony and stability.
3. Protecting internal security and preventing activities such as terrorism, communal disharmony,
and militancy.
4. Safeguarding public properties, including infrastructure and vital installations, against vandalism
and attacks.
5. Preventing crimes through proactive measures and collaboration with other relevant agencies.
6. Accurately registering and promptly addressing complaints brought by the public.
7. Investigating all cognizable offenses and apprehending offenders, while ensuring due process
and assistance to complainants.
8. Creating a sense of security in the community and fostering conflict prevention and resolution.
9. Providing assistance during natural or man-made disasters and actively participating in relief and
rehabilitation efforts.
10. Offering aid and relief to individuals in distress situations and facilitating orderly movement of
people and vehicles.
11. Collecting intelligence on matters affecting public peace, crime, and national security and
disseminating it to concerned agencies.
12. Taking charge of unclaimed property and ensuring its safe custody and disposal as per prescribed
procedures.

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Additionally, under Section 58 of the Model Police Act, police officers are expected to fulfill certain
social responsibilities, including:

1. Behaving with courtesy and decorum towards the public, especially senior citizens, women, and
children.
2. Guiding and assisting vulnerable individuals in need of help and protection.
3. Providing necessary assistance to victims of crime and road accidents, including medical aid and
facilitating legal claims.
4. Ensuring impartiality and adherence to human rights norms, particularly during conflicts or
disputes.
5. Preventing harassment of women and children in public places and transportation.
6. Offering assistance to vulnerable individuals against criminal exploitation.
7. Arranging legally permissible sustenance and shelter for individuals in custody and informing
them about available legal aid schemes.

Overall, these provisions outline the multifaceted role of the police in maintaining law and order, protecting
public safety, and serving the community with integrity and compassion.

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