D.T.S.S.

COLLEGE OF LAW

GROUP IV - CRIMINOLOGY LAW

PRACTICAL TRAINING - SEM III

MODULE I: CLASROOM LECTURES

TOPIC: PRISON REFORMS IN INDIA

UNDER FACULTY OF LAW BY

TABRESH LALMOHAMMED SHAIKH

CLASS - S.Y. LL.M., ROLL NO. 80

UNDER THE GUIDANCE OF

DR. REETA BANSAL

 PRISON REFORMS IN INDIA

INTRODUCTION

PRISON , An Instiution for the confinement of persons who have been remanded (held) in custody by

a judicial authority or who have been deprived of their liberty following conviction for a crime A

person found guilty of a felony or a misdemeanour may be required to serve a prison sentence. The

holding of accused persons awaiting trial remains an important function of contemporary prisons, and

in some countries such persons constitute the majority of the prison population. In the United

Kingdom, for example, generally about one- fifth of the prison population is unconvicted or

unsentenced, while more than two-thirds of those in custody in India are pretrial detainees. Prison, an

institution for the confinement of persons who have been remanded (held) in custody by a judicial

authority or who have been deprived of their liberty following conviction for a crime. A person found

guilty of a felony or a misdemeanour may be required to serve a prison sentence. The holding of

accused persons awaiting trial remains an important function of contemporary prisons, and in some

countries such persons constitute the majority of the prison population. In the United Kingdom, for

example, generally about one- fifth of the prison population is unconvicted or unsentenced, while

more than two-thirds of those in custody in India are pretrial detainees.

1. • Custodial deaths:  In 2015, a total of 1,584 prisoners died in jails. A large proportion of the
deaths in custody were from natural and easily curable causes aggravated by poor prison
conditions. There also have been allegations of custodial deaths due to torture. • Underpaid
and unpaid labour: Labour is extracted from prisoners without paying proper wages. •
Inadequate security measures and management: Poor security measures and prison
management often leads to violence among inmates and resultant injury and in some cases
death. • Condition of women prisoners: Women prisoners face number of challenges
 including poor nutritional intake, poor health and lack of basic sanitation and hygiene. There
are also alleged instances of custodial rapes which generally go unreported due to the victims’
shame and fear of retribution. • Discrimination: According to Humans Rights Watch, a “rigid”
class system exists in the Indian prisons. There is rampant corruption in the prison system and
those who can afford to bribe, often enjoy luxuries in prison. On the other hand, socio-
economically disadvantaged prisoners are deprived of basic human dignity. • Lack of
reformative approach: Absence of reformative approach in Indian prison system has not only
resulted in ineffective integration with society but also has failed to provide productive
engagement opportunities for prisoners after their release.
2. • Custodial deaths:  In 2015, a total of 1,584 prisoners died in jails. A large proportion of the
deaths in custody were from natural and easily curable causes aggravated by poor prison
conditions. There also have been allegations of custodial deaths due to torture. • Underpaid
and unpaid labour: Labour is extracted from prisoners without paying proper wages. •
Inadequate security measures and management: Poor security measures and prison
management often leads to violence among inmates and resultant injury and in some cases
death. • Condition of women prisoners: Women prisoners face number of challenges
including poor nutritional intake, poor health and lack of basic sanitation and hygiene. There
are also alleged instances of custodial rapes which generally go unreported due to the victims’
shame and fear of retribution. • Discrimination: According to Humans Rights Watch, a “rigid”
class system exists in the Indian prisons. There is rampant corruption in the prison system and
those who can afford to bribe, often enjoy luxuries in prison. On the other hand, socio-
economically disadvantaged prisoners are deprived of basic human dignity. • Lack of
reformative approach: Absence of reformative approach in Indian prison system has not only
resulted in ineffective integration with society but also has failed to provide productive
engagement opportunities for prisoners after their release.
modrenization of Prison in india 
3. MODERNIZATION OF PRISONS
4. INTRODUCTION Prison, an institution  for the confinement of persons who have been
remanded (held) in custody by a judicial authority or who have been deprived of their liberty
following conviction for a crime A person found guilty of a felony or a misdemeanour may be
required to serve a prison sentence. The holding of accused persons awaiting trial remains an
important function of contemporary prisons, and in some countries such persons constitute the
majority of the prison population. In the United Kingdom, for example, generally about one-
fifth of the prison population is unconvicted or unsentenced, while more than two-thirds of
those in custody in India are pretrial detainees. Prison, an institution for the confinement of
persons who have been remanded (held) in custody by a judicial authority or who have been
deprived of their liberty following conviction for a crime. A person found guilty of a felony or
a misdemeanour may be required to serve a prison sentence. The holding of accused persons
awaiting trial remains an important function of contemporary prisons, and in some countries
such persons constitute the majority of the prison population. In the United Kingdom, for
example, generally about one- fifth of the prison population is unconvicted or unsentenced,
while more than two-thirds of those in custody in India are pretrial detainees.
5. Prison in India The  management and administration of Prisons falls exclusively in the
domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison
Manuals of the respective State Governments. Thus, States have the primary role,
responsibility and authority to change the current prison laws, rules and regulations
6. Major Issues of  Prisons in India • Overcrowding: The country’s 1,412 jails are crowded to
114% of their capacity, with a count of 4.33 lakh prisoners against a capacity of less than 3.81
lakh until December 31, 2016, according to provisional figures cited by the government in
Rajya Sabha. Similar figures have been put forth by National Crime Records Bureau (NCRB)
in 2015. One of the primary reasons for overcrowding of prisons is pendency of court cases.
As on March 31, 2016, more than three crore cases are pending in various courts, and two of
every three prison inmates in the country are under-trials. Overcrowding affects the already
constrained prison resources and renders separation between different classes of prisoners
 difficult. • Under-trials: As discussed above, more than 67% of the prisoners in India are
under trials. The share of the prison population awaiting trial or sentencing in India is
extremely high by international standards. For example, it is 11% in the UK, 20% in the US
and 29% in France.
7. • Corruption and  extortion: Extortion by prison staff is common in prisons around the world.
Given the substantial power that guards exercised over inmates, these problems are
predictable, but the low salaries that guards are generally paid severely aggravate them. In
exchange for contraband or special treatment, inmates supplement guards' salaries with
bribes. Powerful inmates in some facilities in India enjoy cellular phones, rich diets, and
comfortable lodgings, while their less fortunate brethren live in squalor. • Lack of legal aid:
Lawyers in India are poorly paid and are often over-burdened with cases. Further, there is no
monitoring mechanism to evaluate the quality of legal aid representation in most states. •
Unsatisfactory living conditions: Overcrowding itself leads to unsatisfactory living
conditions. Moreover, prison structures in India are in dilapidated condition. Lack of space,
poor ventilation, poor sanitation and hygiene make living conditions deplorable in Indian
prisons. Mental health care has negligible focus in Indian prisons.
8. Measures taken by  the Government • Modernization of Prisons scheme: The scheme for
modernisation of prisons was launched in 2002-03 with the objective of improving the
condition of prisons, prisoners and prison personnel. Various components included
construction of new jails, repair and renovation of existing jails, improvement in sanitation
and water supply etc. • E-Prisons Project: The E-Prisons project aims to introduce efficiency
in prison management through digitization. The E-prisons project supplements the Prisoner
Information Management system (PIMS) which provides a centralized approach for recording
and managing prisoner information and generating different kinds of reports. The PIMS
records Prisoner’s basic details, family details, biometrics, photograph, medical details,
prisoner case history, prisoner movements, punishment details etc. The availability of these
details on an electronic platform will be useful to track the status of prisoners and smooth
functioning of the prison system.
9. • Model Prison  Manual 2016: The manual provides detailed information about the legal
services (including free services) available to prison inmates. The Ministry of Home Affairs
has issued an advisory to all States and UTs informing them about the legal aid facility
available to under-trial prison inmates. • National Legal Services Authority: It has launched a
web application recently to facilitate the under trial prisoners with free legal services. The
objective of the above application is to make the legal services system more transparent and
useful. All authorities will be able to monitor the provision of legal aid to prison inmates. This
will ensure that no prisoner goes unrepresented, right from the first day of his production in
the Court.
10. • Draft National  Policy on Prison Reforms and Correctional Administration: Its key
provisions include: 1. Amending the Constitution to include principles of prison management
and treatment of under trials under DPSP and including prisons in concurrent list. 2.
Enactment of uniform and comprehensive law on matters related to prisons. 3. A department
of Prisons and Correctional Services to be opened in each state 4. State shall endeavour to
provide alternatives to prisons such as community service, forfeiture of property, payment of
compensation to victims, public 5. State shall improve the living conditions in every prison
and allied institution
11. Prison Reforms in  India – a brief background and overview • The history of prison
establishments in India and subsequent reforms have been reviewed in detail by Mahaworker
(2006). A brief summary of the same is presented below. • The modern prison in India
originated with the Minute by TB Macaulay in 1835. A committee namely Prison Discipline
Committee, was appointed, which submitted its report on 1838. The committee recommended
increased rigorousness of treatment while rejecting all humanitarian needs and reforms for the
prisoners. Following the recommendations of the Macaulay Committee between 1836-1838,
Central Prisons were constructed from 1846. • The contemporary Prison administration in
India is thus a legacy of British rule. It is based on the notion that the best criminal code can
be of little use to a community unless there is good machinery for the infliction of
 punishments. In 1864, the Second Commission of Inquiry into Jail Management and
Discipline made similar recommendations as the 1836 Committee. In addition, this
Commission made some specific suggestions regarding accommodation for prisoners,
improvement in diet, clothing, bedding and medical care. In 1877, a Conference of Experts
met to inquire into prison administration. The conference proposed the enactment of a prison
law and a draft bill was prepared. In 1888, the Fourth Jail Commission was appointed. On the
basis of its recommendation, a consolidated prison bill was formulated. Provisions regarding
the jail offences and punishment were specially examined by a conference of experts on Jail •
Management. In 1894, the draft bill became law with the assent of the Governor General of
India.
12. Prisons Act 1894 •  It is the Prisons Act, 1894, on the basis of which the present jail
management and administration operates in India. This Act has hardly undergone any
substantial change. However, the process of review of the prison problems in India continued
even after this. In the report of the Indian Jail Committee 1919-20, for the first time in the
history of prisons, 'reformation and rehabilitation' of offenders were identified as the
objectives of the prison administrator. Several committees and commissions appointed by
both central and state governments after Independence have emphasised humanisation of the
conditions in the prisons. The need for completely overhauling and consolidating the laws
relating to prison has been constantly highlighted.
13. • The Government  of India Act 1935, resulted in the transfer of the subject of jails from the
centre list to the control of provincial governments and hence further reduced the possibility
of uniform implementation of a prison policy at the national level. State governments thus
have their own rules for the day to day administration of prisons, upkeep and maintenance of
prisoners, and prescribing procedures. In 1951, the Government of India invited the United
Nations expert on correctional work, Dr. W.C. Reckless, to undertake a study on prison
administration and to suggest policy reform. His report titled 'Jail Administration in India'
made a plea for transforming jails into reformation centers. He also recommended the
revision of outdated jail manuals. In 1952, the Eighth Conference of the Inspector Generals of
Prisons also supported the recommendations of Dr. Reckless regarding prison reform.
Accordingly, the Government of India appointed the All India Jail Manual Committee in 1957
to prepare a model prison manual. The committee submitted its report in 1960. The report
made forceful pleas for formulating a uniform policy and latest methods relating to jail
administration, probation, after- care, juvenile and remand homes, certified and reformatory
school, borstals and protective homes, suppression of immoral traffic etc. The report also
suggested amendments in the Prison Act 1894 to provide a legal base for correctional work.
14. The Model Prison  Manual • The Committee prepared the Model Prison Manual (MPM) and
presented it to the Government of India in 1960 for implementation. The MPM 1960 is the
guiding principle on the basis of which the present Indian prison management is governed. •
On the lines of the Model Prison Manual, the Ministry of Home Affairs, Government of India,
in 1972, appointed a working group on prisons. It brought out in its report the need for a
national policy on prisons. It also made an important recommendation with regard to the
classification and treatment of offenders and laid down principles
15. The Mulla Committee •  In 1980, the Government of India set-up a Committee on Jail
Reform, under the chairmanship of Justice A. N. Mulla. The basic objective of the Committee
was to review the laws, rules and regulations keeping in view the overall objective of
protecting society and rehabilitating offenders. The Mulla Committee submitted its report
in1983.
16. The Krishna Iyer  Committee • In 1987, the Government of India appointed the Justice
Krishna Iyer Committee to undertake a study on the situation of women prisoners in India. It
has recommended induction of more women in the police force in view of their special role in
tackling women and child offenders.
17. Subsequent developments • Following  a Supreme Court direction (1996) in Ramamurthy vs
State of Karnataka to bring about uniformity nationally of prison laws and prepare a draft
model prison manual, a committee was set up in the Bureau of Police Research and
Development (BPR&D). The jail manual drafted by the committee was accepted by the
 Central government and circulated to State governments in late December 2003. How many
have acted on it is anybody's guess. As in the case of the recommendations of the National
Police Commission (1977), which had sought the creation of a State Security Commission
and • the promulgation of a new Police Act to replace the 1861 enactment, implementing jail
reform recommendations rests with the States. The Home Ministry can do precious little if
there is no political will on the part of States to push through both police and prison reforms.
18. • In 1999,  a draft Model Prisons Management Bill (The Prison Administration and Treatment
of Prisoners Bill- 1998) was circulated to replace the Prison Act 1894 by the Government of
India to the respective states but this bill is yet to be finalized. In 2000, the Ministry of Home
Affairs, Government of India, appointed a Committee for the Formulation of a Model Prison
Manual which would be a pragmatic prison manual, in order to improve the Indian prison
management and administration. • The All India Committee on Jail Reforms (1980-1983), the
Supreme Court of India and the Committee of Empowerment of Women (2001-2002) have all
highlighted the need for a comprehensive revision of the prison laws but the pace of any
change has been disappointing (Banerjea 2005). The Supreme Court of India has however
expanded the horizons of prisoner‟s rights jurisprudence through a series of judgments.
19. Justice Amitava Roy  panel, 2018 Supreme Court’s newly constituted Justice Amitava Roy
panel will look into various matters including over- crowding in prisons and the issues
concerning women prisoners. The apex court on August 27, 2018 had reserved its previous
order on the issue of constituting a committee to deal with issues pertaining to jails and
suggest reforms. The Supreme Court had taken a strong exception to overcrowding of jails
across the country and said prisoners also have human rights and cannot be kept like
“animals”. The SC had earlier passed a slew of directions over unnatural deaths in jails and on
prison reforms across India
20. Recent development • The  Maharashtra government and Azim Premji Philanthropic
Initiatives Pvt Ltd have signed a MoU recently with an aim to work together to design,
implement, monitor and document a model programme to provide legal help to prisoners,
especially under-trials. • The initiative aims to help under-trials, who on merit, deserve bail,
pending disposal of their cases. It would also help unburden prisons that have inmates 30 per
cent more than their actual capacity. The state government has also entered into a partnership
with Tata Trusts to provide social workers in prisons.
21. Way Forward • The  issue of overcrowding in Indian jails requires an immediate attention.
Sincere efforts should be made to improve living conditions which include better sanitation
and hygiene, adequate food and clothing. • Efforts should be made to reform offenders in the
social stratification by giving them appropriate rehabilitation and correctional treatment.
Initiatives should be taken to impart vocational training to prisoners and ensure proper
rehabilitation and social inclusion after release. • The government must take initiative to
improve the conditions of under-trial prisoners which can achieved by speeding of the trial
procedure, simplification of the bail procedure and providing effective legal aid. • It is also
important to address the issue of inadequate prison management by recruiting more prison
staff, imparting proper training and undertaking modernization of prisons. • Issues related to
custodial violence and sexual abuse should be dealt with effective monitoring and stringent
punishments of those involved in such violence. • The concept of open prisons should be
encouraged more as a correctional facility.
22. Conclusion • Prisons’ constitute  important institutions which protects the society from
criminals. The obstacles in prison reforms are resource allocation, deterrent functions of
punishment, notion of rehabilitation, and internal control. • To improve prison conditions does
not mean that prison life should be made easy, it means, it should be made humane and
sensible
AboutSupport
 D.T.S.S. COLLEGE OF LAW

GROUP IV - CRIMINOLOGY LAW

PRACTICAL TRAINING - SEM III

MODULE II: SEMINAR & TEACHING MODULE

TOPIC: SEPEATION OF POWER

UNDER FACULTY OF LAW BY

KOMAL ASHOK TIWARI

CLASS - S.Y. LL.M., ROLL NO. 86

UNDER THE GUIDANCE OF

DR. REETA BANSALS

 D.T.S.S. COLLEGE OF LAW

GROUP IV - CRIMINOLOGY LAW

PRACTICAL TRAINING - SEM III

MODULE III: BOOK/ARTICLES

TOPIC: BOOK REVIEW

UNDER FACULTY OF LAW BY

KOMAL ASHOK TIWARI

CLASS - S.Y. LL.M., ROLL NO. 86

UNDER THE GUIDANCE OF

DR. REETA BANSAL

 D.T.S.S. COLLEGE OF LAW

GROUP IV - CRIMINOLOGY LAW

PRACTICAL TRAINING - SEM III

MODULE IV: LACUNAE IN EXISTING LAW REPORTS/OR

LEGISLATION

TOPIC: LACUNAE IN POLICE ARREST

UNDER FACULTY OF LAW BY

KOMAL ASHOK TIWARI

CLASS - S.Y. LL.M., ROLL NO. 86

UNDER THE GUIDANCE OF

DR. REETA BANSAL

 D.T.S.S. COLLEGE OF LAW

GROUP IV - CRIMINOLOGY LAW

PRACTICAL TRAINING - SEM III

MODULE V: CASE COMMENTS

UNDER FACULTY OF LAW BY

KOMAL ASHOK TIWARI

CLASS - S.Y. LL.M., ROLL NO. 86

UNDER THE GUIDANCE OF

DR. REETA BANSAL