MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

GERMAN ASSIGNMENT

Submitted to: Prof. Milind Sant

Submitted by: Harshita Verma
Section: A
Enrolment No.: 2021 030
Topic: Attempting to escape from prison is not a punishable offence in Germany. What
do you think about this law? Is it desirable to enact such a law in India? If such a law is
enacted in India, what could be the possible consequences?

In Germany, the idea that attempting to escape from prison is not a punishable offence reflects
a particular legal philosophy. In Germany, the focus is almost exclusively on rehabilitation
rather than punishment. The idea is that individuals in prison should still have the opportunity
to make amends and should not face additional sanctions for trying to get out of prison. This
approach is consistent with the belief in second chances and the possibility of rehabilitation.

Whether such legislation is desirable in India depends on the legal and social context. The legal
system in India traditionally emphasizes a combination of penal and disciplinary mechanisms.
Allowing an escape attempt without consequence could be seen as undermining the deterrence
aspect of imprisonment.

If India were to introduce such a law, it could have both positive and negative consequences.
Fortunately, it can encourage a more rehabilitative approach by emphasizing prisoners’
capacity for change rather than being purely punitive. This is consistent with the growing global
approaches to criminal justice that prioritize rehabilitation. However, there are downsides. The
lack of consequences for escape attempts can undermine prison security, making it easier for
individuals with dangerous intentions to pose a danger to society in addition to weakening the
deterrent, and it can increase escape attempts.

Moreover, life’s attitude toward such laws is important. If not properly communicated and
understood, it can be misinterpreted as a weak compliance strategy, potentially affecting public
confidence in the justice system. In considering such legislative changes, it is important to
consider the balance between punishment and rehabilitation, the specific needs of the
community, and the potential impact on public safety. Any legislative change must include
comprehensive measures to ensure the overall effectiveness of the criminal justice system and
the safety of communities.