PRISON ADMINISTRATION

SUBJECT CODE: 22 LDT-488

UNIT -1
INTRODUCTION OF PRISON SYSTEM

CHAPTER 1.1- MEANING,CONCEPT,SCOPE AND ROLE OF

PRISONS

PREPARED BY-
PRIYANKA THAKUR (MSC)
ASSISTANT PROFESSOR OF LAW
 Meaning, Concept and Scope
of Prison Administration
Prison means “Any jail or place used permanently or temporality under the direction provided by general
or special orders of a government for the detention of prisoners”.
Prison, an institution for the imprisonment of people who have been remanded (held) in guardianship by
a legal position or who have been denied of their freedom.
Section 3 of Prisons Act, 1894 (Act IX of 1894) defines prisons as Prison means any jail or place used
permanently or temporarily under general or special orders of the State government for the detention of
prisoners conviction for a crime.
The Prison Act 1894 deals with the smooth functioning of prisoners rather than the reformation and
rehabilitation of prisoners kept in jail. This act has a colonial approach that deflects with the modern era
philosophy of reformation of prisoners
 Scope of Prison Administration
 Crime is a violation of the legally established order and the Punishment is the penalty for such transgression of
the law inflicted by the group. Since the problem of crime and its control is as complex as the society from
which it springs, the society has to evolve a penal system which can "reduce crime by making as many people
as possible to obey the criminal law", and to provide security to persons and property by preventing criminal
act that threaten or violate them.
 The criminal law can achieve this objective, "... through the establishment of a system of prohibitions,
sanctions and procedures to deal fairly and appropriately with culpable conduct that causes or threatens serious
harm to individuals or society". Naturally, the distinctive features of criminal law are strict prohibitions of
actions, which cause harm to persons and property, and infliction of punishment for such harm.
 Most of the prisoners in Indian should not be left on their own in prison, just to languish and suffer like dead
creatures but should be treated with the respect of a human being.
 Prisoners trial is a correctional mechanism for the welfare of the prisoners and if it fails it will make the entire
criminal procedure unproductive.
 The concept of reformation has been entitled to prison administration.

Cont’d…
 Establishment of a system of prohibitions, sanctions and procedures to deal fairly and
appropriately with culpable conduct that causes or threatens serious harm to individuals or
society.
 Prisoners have undergone various ill treatments and negligence from the part of the prison
authorities. One among such cases are Neena Rajan Pillai v. union of India
 The Mulla Committee and The Krishna Iyer Committee, which looked into the reforms and
rehabilitation of prisoners as well as for the proper administration in prisons.
 Protection against solitary confinement, handcuffing and bar fetters and protection from torture.
 Various  rehabilitative mechanism which can be adopted in the prisons helps the prisoners to
make changes in the character and attitude and also be aware of the impact of the crime
committed by them in the society.
 Conducting various entertainment programs inside the prison premises
 Conducting classes on social issues so that prisoners will be aware of wha.t is happening outside
the walls of prison.
 Increasing the skills of prisoners by arranging various small scale ventures and events inside the
prison
 Changing the atmosphere of the prisons into a friendly environment by avoiding various kinds of
torture and third-degree measures.
CONCEPT OF PUNISHMENT AND THEORIES
PUNISHMENT

 Punishment, the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the
transgression of a law or command). Punishment may take forms ranging from capital punishment, 
flogging, forced labour, and mutilation of the body to imprisonment and fines. Deferred punishments
consist of penalties that are imposed only if an offense is repeated within a specified time.

Theories of Punishment in India

There are various theories of punishment in India applicable in the present era out which the reformative
theory is followed in India:

 Retributive Theory: Retributive refers to punishment, repayment, or making restitution

 Deterrent Theory: To deter is to “refrain from acting or doing.”
 Preventive Theory: Works as an Preventive measure and a deterrent
 Reformative Theory: Rehabilitation of offenders is the goal of punishment by reformative theory
 Compensatory Theory: Compensating the crime's victims and preventing future criminal activity. 
 Role of Prisons in Modern Penology
 At International level in 1948, a movement was started in the form of Universal Declaration of
Human Rights. The document provides certain basic principles of law which should be applied in
order to protect the human rights of prisoners as well all over the world,
 The document provides certain basic principles of law which should be applied in order to protect the
human rights of prisoners as well all over the world.
 Accordingly, all prisoners deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of human person.
 The judiciary, particularly the Supreme Court and High Courts, through the process of judicial
activism have expanded by way of interpretation, the scope of various freedoms enshrined in Part-III
of the Constitution and also extended their applicability to the prisoners.

Justice V. R. Krishna Iyre observed:

“Basic Constitutional rights cannot be halted at the prison gates and can be enforced within the prison
campus.”

Cont’d…
 Prison and their administration is a state subject covered by item number 4 under the state list of
seventh schedule of Indian Constitution. State government has exclusively power related to the
management and administration of prison. It is governed by the Prison Act 1894 and the prison
manuals of the respective state governments. The state has primary role and responsibility and
authority to change the current prison laws, rules and regulations.

The central government only have power to give assistance to the states to improve security in
prisons, medical facilities, for the repair and renovation of old prisons, development of borstal
schools, facilities to women offenders, vocational training, modernization of prison industries,
training to prison personnel and for the creation of high security enclosures.

The Supreme Court of India through various judgments enumerated several rules related to the
prison administration.

Some of the rules are as follows: Every person is entitled to his own personal liberty. If a person lives
in a person it does not means that a person becomes a non-person.
 A person who commits an offence is also entitled of all kinds of human rights but within the
confinement and limitations of imprisonment.
 A person is already suffering for the commission of crime by punishment then no other suffering is
given to him.