I.

INTRODUCTION

• The fundamental principle of restorative justice is that crimes cause harm, and justice
should aim to repair that harm. This type of justice recognizes the needs and viewpoints
of all parties involved in the offence, including the victim, the state, the judiciary, and
the perpetrator, to work collaboratively and effectively to fix and deal with the situation.

• The Indian criminal justice system is predicated on the fundamental tenet of

presumption of innocence, wherein the prosecution bears the burden of proving an
accused guilty beyond a reasonable doubt. This approach is grounded in the recognition
that presuming the guilt of an accused solely based on the victim's allegations can cause
irreparable harm to the accused and his family. The system aims to shield the accused
from societal suffering and stigma arising from an unproven crime.
• The Supreme Court suggested restorative justice methods such as sentencing circles,
victim-offender meetings, community service, meditative drills, or study classes to help
restore both the victim and the offender in the case of Babu Singh V. State of Uttar
Pradesh.
• Reformative efforts are an attempt, through treatment or programming, to stop
offenders from continuing to offend.

• The main idea or the main purpose of the reformative theory is that they offer treatment
to offenders to reduce offender’s inclination to reoffend. This correctional service
actually focuses on the needs of the offenders. The image of offenders in these
correctional services is like a good person who has unfortunately gone astray but will
respond to treatment.
• In India, the Criminal Justice System is based on retributive justice, which focuses on
punishing lawbreakers and compensating victims. The punishment's severity is
generally proportional to the seriousness of the crime. The Criminal Justice System in
India aims to prevent crimes in society, apprehend and punish violators, and rehabilitate
criminals.
• The Indian criminal justice system is predicated on the fundamental tenet of
presumption of innocence, wherein the prosecution bears the burden of proving an
accused guilty beyond a reasonable doubt. This approach is grounded in the recognition
that presuming the guilt of an accused solely based on the victim's allegations can cause
irreparable harm to the accused and his family. The system aims to shield the accused
from societal suffering and stigma arising from an unproven crime.
• The principles of restorative justice are also evident in the Indian criminal justice
system through various mechanisms, such as the Panchayat system, Lok Adalat, and
arbitration. These mechanisms provide opportunities for negotiation and collaboration
between the offender and the victim, thereby promoting the interests of the victim.

II. REHABLITATION OF OFFENDERS

a) Webster notes that “rehabilitation is a crime prevention strategy rooted in the notion that
offenders can change and lead crime-free lives in the community”. Reformation is only one
end of the whole approach. The other is the re-integration or the rehabilitation of the
offenders in the society.
 b) In order to achieve that purpose the reintegration or the rehabilitation approach must be
followed the responsibility of rehabilitating them well in the society lies not just with the
government but also with the society itself.

c) Indian criminal justice system, which is adversarial in nature, also testifies existence of
some instances of restorative justice system. It pre-supposes the accused to be innocent
until proven guilty except for certain offences where the onus of proof is upon the accused.
Otherwise, the prosecution is under the burden to prove the guilt of the accused under
reasonable doubt. The whole assumption lies on the precept that supposition of guilt just
upon the allegations of the victim can cause an irreparable damage to the accused who has
yet not been proved guilty through the procedure established by law. Thus, it seeks to
protect the accused from the agony of the society for committing that still has not been
proved and the stigma that can cost him and his family dearly.

d) In words of Blackstone, “Better that ten guilty persons escape than that one innocent should
suffer”. This is the reason why provisions for bail have been made lenient in our law with
exceptions in heinous offences. The principle followed is ‘bail, not jail’. Also, there is a
provision that if accused due to poverty is unable to furnish the security for bail, he shall
be released after stipulated time.1There is another provision which relates to the maximum
period during which an undertrial prisoner can be detained.2 While awarding sentence,
court is also endowed with the discretion to balance the sentence keeping in mind the
circumstances in which offence was committed, condition of the victim, and background
of the offender. First time offenders are often treated with leniency. Similarly, if the offence
is committed due to some underlying cause or force, offender is meted out with less
punishment or even alternative forms of punishment, for example, community service.

III. PROBLEMS OF SOCIAL REINTEGRATION: INTERNATIONAL

PERSPECTIVE

USA
Inadequate assistance and resources has made the process of re-entry in the United
States extremely challenging, which in turn limits the prospects of employment,
housing and social services.
Such difficulties post-release, especially in finding employment, has also been
found to contribute to increased rate of recidivism.
policies of private market rental housing associations that deny housing to people
with criminal records make the first month after release for prisoners an extremely
vulnerable period with high risk of recidivism or they becoming homeless.
The lack of public welfare assistance to ex-convicts also adds to this burden,
making it difficult for them to self-sustain and reintegrate into the society .

Solutions

1
SECTION 436
2
436A
 Several such studies have led the United States to acknowledge the importance of
transforming the criminal justice system by shifting their focus from incarceration
to the prisoners’ successful re-entry into their communities.

The government has introduced cognitive behavioural therapy and motivational

interviewing mentoring programmes to improve young offender outcomes. The
heightened proportion of minorities in the juvenile justice system has forced the
United States to device culturally appropriate services for social integration
(OJJDP, 2014).

Project RISE (Re-entry Intervention and Support for Engagement), developed by

Arizona State University (ASU) in collaboration with the Arizona Department of
Juvenile Corrections and school districts in Maricopa County (Phoenix
metropolitan area), focuses on “developing intensive educational and vocational
programming that adhered to the youth’s Individualized Education Program (IEP)
and Individualized Transition Plan”
Canada The Corrections and Conditional Release Act of 1992 (CCRA) stipulates the
Correctional Services of Canada (CSC) to ensure the effective implementation of
rehabilitation and reintegration programmes.

Canada has community-based residential facilities (CBRFs) that offer housing,

counselling and supervision for released offenders as well as parolees.

While Community Correctional Centres (CCCs) provide housing for offenders’

temporary absence, work release, parole, statutory release or long-term
supervision, initiatives like CORCA and Prison Fellowship Canada offer
community-based after-care as well as facilitate victim–offender reconciliation.
Norway The Norwegian approach to the issue of social reintegration reiterates the crucial
relationship between crime and welfare policies. Organizations such as the Red
Cross and Prison Fellowship Norway coordinate several other activities for
released prisoners that include mentoring, child support and restorative justice
programmes (UNRISD Working Paper, 2018).
Japan The Correction Bureau under the Ministry of Justice of Japan handles the
rehabilitation and reintegration of ex-convicts in Japan. Those on probation and
parole are supervised by Volunteer Probation Offices through Professional
Probation Officers. Their activities include offering everyday life assistance, home
visits, educational assistance, employment assistance and facilitating crime
prevention activities and sexual offender treatment programmes (MOJ, 2014).
Further, volunteer organizations like the Big Brothers and Sisters Movement and
Women’s Association for Rehabilitation Aid also collaborate with the government
for the successful implementation of social integration programmes in Japan
IV. SOCIAL INTEGRATION : INDIAN PERSPECTIVE

In case of Indian Criminal Justice System It is evident that the several years of confinement
adversely affect their personal, psychological and social abilities that are otherwise available
to the ordinary members of society. Hence, it is highly significant to understand their
integration into the society as it also signifies a number of crucial institutional practices as well
as socio-cultural conditions of the society. The functioning of correctional system, provisions
within prisons that enable inmates to integrate with the outside world, support systems
available outside the prison to facilitate social integration and so on are highly crucial for
integrating a prisoner after release into the society.

V. FACTORS

• The nature of crime, family situation and affiliation with social groups play an important
role in deciding the degree of their integration into society. On the other hand, people who
got involved in crimes as a part of criminal gangs are highly apprehensive of the influence
of friends and would like to lead a more isolated life.
• Those who could come out of the prison with some reasonable savings and who could find
a job received more acceptance within the family and outside. Many elderly respondents
who were unable to find a job or incapable of pursuing one felt that they have become a
burden on their family and find no reason to believe that they are important members in the
community.

• A vast majority of them complained that a self-reliant life is not possible as they do not
have enough capital to start their own ventures like buying an autorickshaw or starting a
small eatery. The technical difficulties in getting a loan from the banks and other private
enterprises due to lack of proper documents and the history of imprisonment come in the
way of getting the loan sanctioned.

VI. CHALLENGES

• Most of the respondents said that the initial excitement of release soon gave way for anxiety
and worry about the life ahead.
• Economic insecurity became a major problem as most of them had very little money at
their disposal and did not foresee any prospect of getting a job with a regular salary.
• Many of the prisoners, especially those who were imprisoned for a long time without
paroles, found the world completely changed and found themselves to be ill-equipped to
deal with modern technologies.
• Several of them found it indeed difficult to get a place of accommodation and a job to begin
with.

HAPPY & SAD MOMENTS

For a vast majority of the respondents, spending time with the family is the happiest moment
and they are cherishing every bit of it. Their sense of commitment, affection and guilt are
evident in their responses. Many of them summarized their happy moments in a single word:
Freedom!
Many respondents became eloquent in their description of open skies and breeze that they are
able to enjoy in a free world. Several of them stated that there is no real happiness as the prison
 has taken away precious time from their lives and inflicted serious damage to their families
and they are now leading a mechanical life.

Harassment from Officials after Release

VII. OPNIONS OF PRISONERS

• Prolonged imprisonment in no way helps these people who are transformed and
ready to lead a normal life in the society. They look at these years of imprisonment
not only as devastating to their own life, but on their families too. A vast majority of
our respondents regret their action on impulse that put them in prison and were
extremely remorseful.
• unequal treatment meted out to them by the legal system. They pointed out that
offenders with financial and political support are able to manipulate various legal
provisions and get away easily, whereas the poor and uneducated do not have any
supporting mechanism. They pointed out serious discrimination in allotting paroles and
other facilities within the prison based on these considerations and want to bring an end
to these corrupt practice.
• Another most often repeated suggestion was the demand for better financial
support to start a life after imprisonment.
• measures must be taken to ensure humane treatment to the prison inmates. ““Prison
authorities should treat the prisoners like humans. There are many officers who
brutally abuse and beat up the prisoners. This will make the prisoners develop hatred
towards the authorities.”
• individual-based plan for rehabilitation as a generalised plan may not work. “The
government should understand the fact that every prisoner will have different needs.
The need of a prisoner who is married and with kids is completely different from a
bachelor prisoner. Special assistance must be given to estranged prisoners, like
psychiatric counselling and financial assistance. There is a 70 high level of drug usage
as well as self-harming inside the prison; only when the government along with NGO’s
intervene in this issue, we can improve the situation”.
• Suggestions to introduce better skills in the prison as many existing skills and
vocational training have no scope outside the prison. “The skills of the people are not
being used. Skill training should be proper. The overall structure of the prison should
change. Only food has bettered now, but all the other things remain as the old times.
The aspect of ‘corrections’ were not given primacy.

JUSTICE MULLA COMMITTEE

comprehensive and insightful set of recommendations regarding rehabilitation was presented

by the Justice Mulla Committee Report (1983) It is saddening to see that many of these very
insightful measures mentioned in the report are yet to be implemented and the rehabilitation
and reintegration of prisoners continue to be a least 82 prioritized area in the criminal justice
system in the country. he Committee reiterated that “in our Report, a prison system which shall
not be just another link in a chain of persecution of an offender but will attempt at reforming
and reconstructing him into a self-respecting, self-reliant individual through a purposeful
approach of training and treatment”

The Mulla Committee report emphatically argues that the procedure of after-care and
rehabilitation of the offenders must be an integral part of the process of institutional care
 and treatment and administrative machinery for carrying out the follow-up action will have
to be integrated with the Department of Prison and Correctional Services.

The Committee also calls for an active participation of the community and voluntary
organizations in the rehabilitation of ex-offenders. The Committee suggests setting up of a
properly staffed Aftercare and Follow-up Unit in the headquarters organization of the
Department of Prison and Correctional Services in each state/union territory. The Committee
lists 16 specific recommendations to ensure the effective rehabilitation of deserving released
prisoners.

It is important to note that only two released prisoners opined that the skills they learned
from the prison were useful in finding a job outside. While this perception appears
questionable, a vast majority of prisoners find the job/training in the prison and the job
prospects outside as completely disconnected. For example, several released prisoners from
Tamil Nadu mentioned that shoemaking, a major trade in the prison cannot be pursued outside
as it is mostly seen as a craft associated with particular castes and others found it difficult to
enter into this craft owing to the stigma attached. Especially with the changing nature of crime
and more and more people entering into prison after committing novel types of crimes under
new provisions such as POSCO, domestic violence act, cybercrimes etc., a serious
reassessment of the reformation policies within the prison is warranted.

The skewed staffing pattern and overwhelming predominance given to the executive staff
and neglect of the correctional staff have been severely undermining even the existing
attempts aimed at reformation of the prisoners. The Welfare Officer is burdened with the
day-to-day affairs of the prison so that she/he is left with no time to plan or execute measures
exclusively focusing on the rehabilitation of released prisoners. There is no pre-release
counselling for the prisoners or any concrete plan of handholding them during the phase of re-
entry. There is no coordination among the prison officials and Probation Officers regarding the
rehabilitation process of each prisoner or his/her distinct issues and socio-economic conditions.
There is no supporting system nor supporting staff for the Welfare Officers to facilitate the
planning and execution of correctional activities within the prison as well as the rehabilitation
outside.

VIII. RESTORATIVE JUSTICE IN INDIAN CRIMINAL PROCEDURAL LAW

The Code of Criminal Procedure 1973 has some provisions that are based on the principles of
restorative justice. These provisions aim to encourage the victim and the offender to reach an
agreement. Some of the important rules of this code are as follows:

Plea Bargaining:

The Code of Criminal Procedure 1973, in Sections 265A-265L, contains provisions for 'Plea
Bargaining.' This provision helps save time for the prosecution and avoids the lengthy court
process for both the victim and the offender. It also provides a lenient sentence to the offender
if they admit their guilt.
Compoundable offence:

Section 320 of the Code of Criminal Procedure 1973 allows for the compounding of an offence.
This provision is only applicable to the offences listed in the section. The section applies to a
broad range of offences, carrying a maximum sentence of seven years imprisonment, but
excludes socioeconomic offences and offences related to women and children.

Compensation:

The Code of Criminal Procedure 1973 provides for a court order requiring the offender to
compensate the victim. When the court imposes a "fine" as the prescribed "punishment" for a
particular offence, the court may order that the fine be paid to the victim as compensation for
their loss. Compensation is payable for both property crimes and crimes against the human
body. Each State Government, in consultation with the Central Government, shall develop a
scheme providing funds for compensation to victims/dependents who have suffered loss/injury
as a result of a crime and require rehabilitation.

Probation:

Section 360 of the Code of Criminal Procedure 1973 empowers the court to order the release
of an offender on probation after they demonstrate good behaviour or after being admonished
and directed to maintain good behaviour.

• Under the Juvenile Justice (Care and Protection) Act 2015

The Act provides alternative sanctions such as counselling, community service, and fines.
Probationary release and placement in a facility for reformative services are also available. The
Board can issue orders for the child to attend school, vocational or therapeutic centres, or
prohibit access to specific sites. The Act categorizes offences as petty, serious, and heinous.
Children who commit these offences can learn about the suffering of victims, and restoration
can be used instead of punishment in specific circumstances.

The idea of reintegration essentially encompasses working with the offenders in order to bring
them back to the community, facilitate conditions to promote law-abiding behaviour and
reduce the rate of recidivism.

Reintegration thus aims at facilitating the “ability of the ex-offender to function within the
community, within their family, employment and be capable of managing circumstances in a
manner that circumvents risk and additional conflicts with the law.

It is important to place the issue of social reintegration of prisoners in a global context, looking
at the proactive measures taken up by different countries towards their re-entry into the
community.
IX. EVIDENCE BASED PRACTICES (OR EBP)

simply means that in order to reduce offenders recidivist nature corrections or reformations
must implement practices which have constantly been proved to be effective. In other words
treatment should be based on the previous successful results. Implementing EBP in the criminal
justice administration the officials and workers must have to assess the offender’s nature &
personality, and then prioritize intervention based on them. If offenders are to be responsive to
treatment then the authority must have to be aware of the offender’s temperament, learning
style, values, motivational factors and culture when assigning them to programs in order to
enhance their motivation to succeed.
1. Cognitive Behavioral Therapy Cognitive behavioral therapy (CBT) uses exercise and
instruction that are designed to alter the dysfunctional thinking patterns exhibited by many
offenders. CBT helps people to become aware of the existence of their dysfunctional
thinking patterns or automatic negative thoughts, attitudes expectations and beliefs, and to
understand how these negative thinking patterns contribute to unhealthy feelings and
behaviours. As such, CBT focuses on one of the most robust correlates of crime, anti-social
attitudes.
2. Risk Need Responsivity
In case of recidivism the “Risk-Need-Responsivity” (RNR) is to certain extent an effective
treatment. RNR treatment is the primer treatment model in corrections today, especially in
United States and in many other countries. The Risk Principle refers to the notion that
offenders who are at higher risk of reoffending should be given greater levels of treatment,
whereas lower-risk offenders should be given lesser level of treatment. The Need Principle
refers to the notion that criminogenic needs, which are dynamic or changeable, should be
targeted. Examples of criminogenic needs include anti-social attitudes and negative peer
associations. The Responsivity Principle refers to using methods of treatment that are
capable of bringing about the desired changes in offenders and that are matched with the
learning styles of offenders. Substantive Abuse Programming Alcohol is our most popular
and out most deadly way of drugging ourselves. Police offender spent more than half of
their enforcement time on alcohol related offences. It is the biggest curse of the society.
Alcoholics who start drinking at an early stage became more rapidly addicted to it and
exhibit many character disorders, behavior problems, and criminal involvement both prior
to and subsequent to alcoholism.
3. Substance Abusing Program (SAP) trains the alcohol related offenders how to avoid this
habit. They are taught various techniques which help them to control their desire of taking
alcohol. It is extremely difficult to treat the offenders because they are already addicted to
it.
4. Anger Management Programs
Anger management programs consist of a number of CBT techniques through which
someone with problems controlling their anger can learn the cause and consequences of
that anger, reduce the degree of anger and avoid anger indulging triggers. Anger is often
central to violent criminal behavior. Anger management classes are taught in group and at
individual level and are designed to increase offender’s control over their emotions. It also
teaches them how to avoid the situations which triggers their anger. The anger management
classes also teach such skills as rational thinking, to increase the offender’s ability to react
to frustration and conflict in assertive rather than aggressive ways, and to develop effective
communication skills.
5. Therapeutic Community Services
The Therapeutic Community Services (or TCS) are residential setting for drug and alcohol
treatment that use the community spirit generated by the influence of peers and various
 groups, which helps the individuals to overcome their addictions and develop effective
social skills. Most such communities offer long term, typically 6 to 12 months, residence
in which opportunities for attitude and behavioral change operate on the hierarchal model
where by treatment stages reflect increased levels of personal insight and social
responsibility. Interactions of the residents are both structured and un-structured but always
designed to influence attitude and behaviors associated with substance abuse. TCS provide
dynamic “mutual self help” environments in which residents transmit or reinforce one
another’s acceptance of and conformity with the highly structured and stringent
expectations of the community.
6. Multi-Systemic Therapy
Scott Henggeler’s Multi-Systemic Therapy (MST) has received much attention for
producing a model that works to reduce recidivism. The main goal of MST is to assist
parents in dealing with their child’s behavior problems. Examples of these problems
include poor school performance and hanging around deviant peers. The program serves
youth in both the social service and youth justice systems. MST is usually administered in
natural settings, such as the home or school or in the community. The duration of the
treatment is four months, including 50 hours of time with a counselor. In addition to the 50
contact hours, counselors are on call for emergency service.
7. Functional Family Therapy
In Functional Family Therapy (FFT), treatment is delivered to youth between the ages of
11 and 18 who have engaged in delinquency, violence or substance abuse. Essentially, the
program works on relationships between family members in order to improve the
functioning of the family unit as a whole. FFT equips families with tools for problem-
solving and effective parenting in addition to building family bonds. Service delivery of
FFT consists of a hierarchical structure whereby senior therapists/trainers supervise and
monitor teams of four to eight other therapists.

X. SUGGESSTIONS

• The overall orientation of prison administration system must give enhanced importance
to the correctional aspect and move out of its current preoccupation with retention and
incarceration as the ultimate aim of imprisonment.
• A systematic classification of prisoners must be introduced in every prison. These
classifications must be based on the following parameters: nature of crime, whether
repeat offence, first-time offence, severity and premeditated and so on; socio-economic
and familial background; educational level and possession of skills; emotional and
psychological characteristics. This classification must be used as a benchmark to devise
a focused reformation plan during their stay in the prison.
• A host of new-age crimes such as the ones come under POSCO, Domestic Violence
Act, crime against women and children, cybercrimes, UAPA and so on require more
sophisticated intervention plans in the prisons so that the offenders are given specialized
counselling, put through awareness programmes and taken through psycho-social
interventions so that there is a definite attitudinal change takes place among them.
• The correctional branch of prison must be strengthened with additional personnel and
resources. While more social workers and counsellors are required as professionals,
existing operational staff who take care of the retention/custody must be given
sufficient training and awareness in these matters so that their support also can be
harnessed.
• The office of Welfare Officers must be strengthened and all vacancies must be filled.
The roles and responsibilities of Welfare Officers could be bifurcated into two: one,
 focusing on the regular welfare activities of the inmates, and two, focusing on
facilitating their rehabilitation and proper reintegration into the society.
• Welfare Officers must be encouraged to develop better ties with NGOs and other
agencies outside the prison and explore various avenues available in the society to help
rehabilitation and reintegration of released prisoners.
• Skill enhancement programmes and vocational programmes introduced in the prison
must be sensitive to the changes taking place outside the society. Archaic and outdated
skills might be useful in keeping the prisoners engaged during their tenure, but does not
contribute much to their rehabilitation and social reintegration.
• Award of paroles must be regularized and the procedure standardized. There must be
consistency and transparency in awarding paroles to every eligible prisoner. Measures
must be devised to encourage all prisoners to avail paroles, may be under the direct
supervision of probation officers.
• A separate cell of Probation Officers could be created within the existing system who
look after only prison-related matters and closely work with the Welfare Officers.
These Probation Officers must act as liaison officers between the wider society and the
institution of prison.
• Probation system must be strengthened with more manpower and additional resources.
A support system comprising of social work/counselling professionals must be set up
in every district to provide support to probation officers and the smooth functioning of
the system.
• Half-way homes must be set up to accommodate released prisoners for a specific time
who face difficulty in adjusting with their release after prolonged years of incarceration.
Such homes must function as active spaces that facilitate the transition of the prisoners
life from the prison to the society.
• Reintegration of the released prisoners is a complex process and is heavily dependent
on a host of issues like family situation, nature of crime, socio-economic condition of
the prisoners and so on and hence focus must be on the family of the offender
immediately after the conviction.
• One of the most glaring issues that crops up while discussing the rehabilitation of
released prisoners is the fact that the government, the largest job provider in the country,
refuses to employ released prisoners and it becomes a travesty when the state wants the
private sector to employ these released prisoners. The government also refuses to issue
passport to these released prisoners, thereby preventing the prospects of them going
abroad to find a job. These policies require serious reconsideration and instead of
imposing a blanket ban on government jobs and issuance of passport to every released
prisoner, more specific policies must be formulated to look into these aspects on a case
by case manner. Concerted efforts must be made to separate accidental/first time
offenders from repeat offenders and people with a history of criminal antecedents.
• A National Rehabilitation Policy must be prepared with specific policy orientation for
rehabilitation of released prisoners .
• One of the most effective measures to ensure effective social reintegration of released
prisoners is to ensure periodic and timely paroles. The more frequent paroles would
facilitate strengthening of family ties and would make this process of reintegration
easier.

XI. STATISTICS
Prisons – Types & Occupancy

• Prisons exist at three levels such as Taluk level, District level and Zonal/Range level and
Jails at these levels are called as Sub Jail, District Jail and Central Jail respectively.
• Prison and its administration is a State Subject as it is listed in List II in Schedule VII of
the Constitution of India.
• Prison Establishments in different States/UTs comprise several tiers of jails.

The various type of Jail institutions which are in existence in the States/UTs are Central jails,
District jails and Sub jails. The other types of jail establishments are women jails, borstal
schools, open jails and special jails.

1. Centeral Jail(148)The criteria for a jail to be categorised as a central jail differs from
State to State. However, the common feature observed in all the States/UTs that the
prisoners sentenced to imprisonment for a longer period (more than 2 years) are
confined in the Central Jails, which have larger capacity in comparison to other jails.
These jails also have rehabilitation capacities.
2. District jails (428)- serve as the main prisons in some of the States/UTs. State of Uttar
Pradesh has the highest number of district jails (64) followed by Madhya Pradesh (41),
Bihar (31) and Maharashtra (28)
3. SUB-JAIL (574)- Eight States have reported comparatively higher number of sub-jails
revealing a well-organized prison set-up even at lower formation.
4. Open Jail (91) -Open jails are special Jails that exclusively confines only convicted
prisoners. Convict Prisoners with good behaviour, satisfying certain norms prescribed
in the prison rules are lodged in open prisons. Minimum security is kept in such prisons
and prisoners are engaged in agricultural activities. Only 17 States have reported about
the functioning of open jails in their jurisdiction. Amongst these States, Rajasthan has
reported the highest number of 41 open jails followed by Maharashtra (19), Madhya
Pradesh (7), Gujarat and West Bengal (4 each) and Kerala, Tamil Nadu (3 each).
5. Special Jail (42) Special jail means any prison provided for the confinement of a
particular class or particular classes of prisoners & provides limited access with the
permission of higher authorities. Offenders may include prisoners involved in terrorist
and extremists activities, inmates who have committed serious violations of prison
discipline, inmates showing tendencies towards violence and aggression, habitual
offenders, drug peddlers, etc.
6. Women Jail (34) Women jails are special Jails that exclusively confines only female
prisoners & these Jails are called as Women Jail. Women jail may exist at sub-
divisional, district & central (Zone/Range) level.
7. BOROSTAL SCHOOL-The primary objective of borstal schools is to ensure care,
welfare and rehabilitation of young offenders in a different environment suitable for
children and keep them away from contaminating atmosphere of the prison. The young
offenders in conflict with law detained in borstal schools are provided various
vocational trainings. They are also given education with the help of trained teachers.
8. Other Jails (3) To cover all the jails across the country, Jails that are not covered under
the known Jail types (Central jail, District Jail, Sub-jail, Women jail, Borstal school,
Open jail, Special jail) are covered under the Type “Other Jails”.
The actual capacity of prisons has increased from 4,25,609 in 2021 to 4,36,266 in 2022 (as on
31st December of each year), having increased by 2.5%. Number of prisoners lodged in various
jails has increased from 5,54,034 in 2021 to 5,73,220 in 2022 (as on 31st December of each
year), having increased by 3.5% during the period.

1. Among the convicts under IPC crimes(1,17,296)lodged In various jails in the

country, around 86.1% of convicts have committed Offences affecting Human
Body (1,00,947 inmates) and around 9.4% of convicts have committed Offences
against Property (11,076 inmates) as on 31st December, 2022.
2. Among the convicts of Offences against Human Body, the highest number of
inmates were convicted for Murder (63.2%, 63,798 convicts) followed by convicts
of Rape (18.0%, 18,138 convicts) and convicts of Attempt to Murder (7.1%, 7,172
convicts) as on 31st December, 2022.
3. Among the convicts of Offences against Women, the highest number of inmates
were convicted for Rape (76.2%, 18,138 convicts) followed by convicts of Dowry
Deaths (16.6%, 3,939 convicts) as on 31st December, 2022.
4. Among the convicts under SLL crimes (15,981) lodged in various jails in the
country, the highest number of inmates were convicted under Liquor & Narcotics
Drugs - Related Acts (52.3%, 8,352 convicts) followed by convicts of
Arms/Explosive - Related Acts (11.7%, 1,863 convicts) and convicts under Crime
against SC/ST - Related Acts (4.5%, 718 convicts) as on 31st December, 2022.

Occupancy Rate

The number of inmates accommodated in jail against the authorized capacity of 100 inmates.
Occupancy Rate = Prison Population * 100 / Maximum Capacity.

The release of convicts has increased by 34.9% (from 93,077 in 2021 to 1,25,533 in 2022) and
the release of undertrials has increased by 5.4% (from 14,68,627 in 2021 to 15,48,143 in 2022).

Rehabilitation and Welfare of Prisoners

• The reformation and rehabilitation of offenders is the ultimate objective of the prison
administration. In pursuance to meet this objective, many States/UTs under direction and
supervision of Central Government have been taking number of initiatives in the field of
rehabilitation and welfare of prison inmates.
• Central Government through Ministry of Home Affairs is running various schemes not only
for improvement of prison infrastructure with emphasis on hygiene condition, but also
organizing national as well as international conferences on correctional administration for
sensitization of prison staff. The Ministry of Home Affairs has framed „Model Prison
Manual (2016)‟.
• As prison is State subject, hence overall supervision and management of prisons is
under direct control of States/ UTs. Various good practices adopted/ shared by the
States/UTs have been summarised under following two broad heads:

A. Rehabilitation and welfare

B. Grievances
I. Education

Educating jail inmates not only provides a corrective approach to the psyche of the offender
but also goes a long way in developing a responsive and respectful attitude in them towards
the society.

A total of 1,04,623 prisoners had been educated in the country during the year 2022. Out of the
total prisoners educated, 46,786 prisoners were provided Elementary education, 39,888
prisoners were provided Adult education, 12,780 prisoners were provided higher education and
5,169 prisoners were educated in the field of Computers

Vocational Training

Training is one of the important rehabilitations measures in the field of prison reforms.
Nowadays training of prisoners in various vocational skills in the Prison Institutions has
received a lot of importance in almost all the States/UTs.

Vocational Training-Profession wise

The maximum numbers of prison inmates were trained in „agriculture‟ (13.5%) (5,788 out of
42,769) followed by „tailoring‟ (11.1%) (4,743 out of 42,769), „carpentry‟ (6.7%) (2,856 out
of 42,769) and „weaving‟ (5.6%) (2,396 out of 42,769) (Chart 10.1 & Table-10.2). State/UT-
wise details reveal that majority of training in agricultural activities were imparted in Uttar
Pradesh (1,512) followed by Bihar (771) and Karnataka (589). A total of 981 inmates in
Rajasthan, 573 inmates in Uttar Pradesh and 371 inmates in Tamil Nadu were imparted training
in tailoring. Maximum inmates imparted with training in carpentry were in Rajasthan (579),
Uttar Pradesh (480) and Madhya Pradesh (271). Madhya Pradesh (332), Uttar Pradesh (300)
and Chhattisgarh (277) were imparted training in weaving. Madhya Pradesh (304), Uttar
Pradesh (289) and Jharkhand (271) inmates were trained in Handloom. Telangana (218), Bihar
(171) and Uttar Pradesh (133) inmates were trained in making of soap and phenyl during 2022.

CASE LAWS

• Even in the case like Gujarat Communal riots, the convicts were released on bail while
appeal against their conviction was pending. They are given mandatory community service
in Madhya Pradesh.
• Another infamous case is that of Sanjeev Nanda34, popularly known as 1999 Delhi hit-
and-run case, wherein the accused ran over six people including three policemen, the
sentence of convict was reduced to the time he served in the jail and was further given two
years of community service.
• Justice Krishnaswamy Iyer, in Rakesh Kaushik v. Superintendent Central Jail14,
questioned, “Is a prison term in Tihar Jail a post graduate course in crime?”. In a place like
prison, especially in a developing country, there are umpteen problems including bad
sewerage, infestation, no doctors, no medicines, little water, and acute overcrowding. The
presence of negative vibes in there makes reformation even more difficult.