1) PUNISHMENT

Introduction
Punishment is the most prominent feature of criminal law. Every society has its own way of
social control for which it frames certain laws and also mentions the deterrents attached to
them. Punishment is the consequence of an unpleasant act that the wrongdoer commits. Simply
put, the fundamental aim of punishment is to give relief to the aggrieved party and to maintain
law and order in society. Punishment can also be termed as the imposition of some form of
deprivation by withholding rights that a person is legally entitled to. This article aims to bring
to its readers a simple explanation of the theories of punishment that helps the criminal justice
system function from time to time.
Meaning of Punishment
In the dictionary meaning, the term 'punish' means to make someone suffer from a crime or for
an unlawful behaviour or the imposition of penalty as punishment for an offense.
In criminal law, 'punishment' means any pain, penalty, suffering inflicted upon a person by the
authority of law and the sentence of the court for some crime committed by him or for his
exclusion of a duty enjoyed by law.
Objects of punishment
1. To protect society from mischievous elements by deterring potential offenders.
2. To prevent actual offenders from committing further offences.
3. To eradicate evils and reform criminals and turn them into law abiding citizens.
4. To administrate justice partly by inflicting pain to deter criminals and others from indulging
in crime and partly by reforming criminals.
5. To maintain rules and regulations for a crime-free country.
Theories of punishment
There are four types of theories of punishment:
1. Deterrent theory 2. Retributive theory. 3. Preventive theory.
4. Reformative theory.
• Deterrent theory of punishment
The founder of this theory is Jeremy Bentham, and this theory is based on the principle of
hedonism which says that a man would be deterred from committing a crime if the punishment
applied was swift, certain, and severe.
This theory focuses on deterring offenders from criminality or repeating the same crime in the
future.
There should be a nexus between the crime committed and the punishment inflicted for that.
While deciding on the punishment, the following should be taken into consideration,
1) The seriousness of the crime - Punishment should be given according to the seriousness of
the crime committed, for e.g one can't award a death sentence for pickpocketing.
2) The gravity of crime - The consequences of the punishment inflicted have to be taken into
consideration alongside taking into account the victim's satisfaction concerning the same. For
e.g, if Mr.X is murdered by Mr.Y then if Mr. Y is giving one-time compensation of Rs.5 lakhs
to X's family, is it sufficient if he is the only bread earner of the family?
3) Impact on the general public- It is most important to consider what will be the effect of
that punishment in the minds of the general public. Are they taking lessons from that? For
example, traffic police are collecting fines for not wearing helmets, but do people follow this
rule? Are they really serious about fines and rules?
In the case of the State of H.Pv. Nirmala Devi (2017), the court of law had opined that if the
crime done is heinous and serious against society then the deterrent theory becomes more
relevant, for those guilty will be punished to deter other prospective offenders.
Criticism of deterrence theory
1. Though this theory intends to deter people from committing. crimes or repeating the same
crime, it has failed to serve its purpose.
2. Punishment loses its essence once the criminal is punished. For example, in the Delhi gang
rape case, familiarly known as the Nirbhaya case, all 4 accused were hanged for their heinous
crime but the offence of rape continues to happen.
3. It does not give a chance to reform the accused.
• Retributive theory of punishment
This theory is based on the famous saying that a 'Tit for Tat', 'Eye for Eye' or' Teeth for Teeth.
The main motive of this theory is to inflict a similar amount of pain endured by the aggrieved
party because of the offender's activity. This theory is harsher than other theories.
Owing to humanitarian grounds, this theory of punishment is not much on the favourable side
for it causes harm to the accused in a greater way. Therefore, the most important thing to
consider while awarding punishment is the balance between the aggravating and the mitigating
factors involved in the offence committed.
Criticism
As per the development of society, this type of punishment was banned due to the following
criticism.
1. It is difficult to determine the proportion of pain or revenge in this type of punishment,
meaning to what and to what extent the pain should be returned.
2. The entire natural justice principle will collapse if everyone takes revenge on each other
according to their hate and the Injury caused.
• Preventive theory of punishment
Unlike other theories, this theory aims to prevent crime rather than take revenge. This theory
is also called the disablement theory. Put simply, we can understand the nature of this theory
with a simple example: when we were in school, our teachers used to make the mischievous
students stand out of the classroom, for disturbing the whole class. This punishment by the
teacher prevents other students from disturbing the class due to fear of punishment. In the same
way, this theory talks about eliminating the accused from society to prevent the repetition of
his crime again. By preventing those criminals, society protects itself against anti-social order
in general. Prevention of these criminals can be done by giving then death punishment or life
imprisonment. Separation of these criminals from society prevents other prospective offenders
from committing crimes.
In the case of Sunil Batra v. Delhi Administration (1978), the court of law observed that if the
prisoner is violent or dangerous, solitary confinement is necessary to prevent and segregate
these offenders from society, thereby abiding by the retributive theory of punishment.
Criticism
While the retributive theory promotes the dissertation of the offender, the same has severe
consequences and difficulties inflicted upon the accused. It is ideal to note that the concept of
morality being subjective by its very nature makes it difficult to deliver punishments for crimes
committed. Therefore, the Immorality of crimes needs to be comparable.
• Reformative theory of punishment
The name of this theory itself implies what its nature has to say. This theory helps to reform
criminals, thereby transforming them into law-abiding citizens. Nobody is indeed a criminal
by birth, crimes sometimes happen accidentally or situationally. In this case, the offender
should get another chance to rectify his mistake. For this, there is the facility of correctional
homes, juvenile homes, training schools, and reformatories. The main object of this theory is
the rehabilitation of inmates.
It was the case of Dharambir v. State of Uttar Pradesh (1979), which became the initiation of
the concept of open jails in India which generally helps in reforming young offenders. Further,
the Supreme Court of India, while deciding the case of Musa Khan v State of Maharashtra
(1976), had observed that the reformative system prevented juveniles from becoming hardened
criminals,
Criticism
1. This theory only works for juvenile and first-time offenders and not for hardened criminals
who have committed multiple crimes.
2. The reformative theory of punishment is sometimes considered not justifiable for the
aggrieved party subjected to prejudice by the offender.
Conclusion
The main purpose behind inflicting punishment on the offender, accused of an offence, is to
restore law and order in society. In this process of awarding punishment, both the interest of
the aggrieved party as well as the accused needs to be taken into consideration. When it comes
to the theories discussed in this article, they serve as a jurisprudential value for the criminal
justice system to frame punishments according to the crime committed. These theories have
been significant in helping the legislators and the judiciary frame and interpret provisions of
punishment, respectively, for a better tomorrow.
2) TYPES OF PUNISHMENT
Punishment is the imposition of an undesirable outcome on a group or individual. The practice
of the punishment of crimes is known as penology. Under the law, punishment is provided to
cease the wrongdoer from committing the crime again. Punishment is a consequence or result
of a wrong committed by a person. The different types of punishments that a convict can be
awarded have been listed out u/s 53 IPC.
a) Death. b) Imprisonment for life.
c) Imprisonment, which is of two descriptions, namely: (I) Rigorous, that is, with hard
labour; (II) Simple.
d) Forfeiture of property. e) Fine.
f) Solitary confinement. Sec. 73
Capital punishment/Death sentence
Death penalty is also called the capital punishment. Under this punishment, a person is hanged
till he dies. The infliction of death sentence or taking away the offender’s life by authority as a
punishment for an offence is capital punishment or death penalty. In India it is awarded in rarest
of rare cases.
It may be awarded as punishment in the following offences:
• Waging war against the government of India (Sec 121)
• Abetting mutually actually committed (Sec 132)
• Giving or fabricating false evidence upon which an innocent person suffers death
(Sec 194)
• Murder (Sec 302)
• Murder by life convicts (Sec 303)
• Abetment of suicide of a minor or an insane or intoxicated person (Sec 305)
• Dacoity accompanied with murder (Sec 396)
• Kidnapping for ransom (Sec 364A)
It was argued in Jagmohan Singh vs the State of Uttar Pradesh that the death penalty is
unconstitutional and hence invalid as a punishment. However, the Supreme Court held
the death penalty as valid. It held that deprivation of life is constitutionally lawful if done
according to the procedure set by law.
In Mithu vs the State of Punjab, the death penalty was held unconstitutional for being violative
of Articles 14 and 21 of the Constitution.
The Supreme Court in Bachan Singh vs the State of Punjab upheld the validity of the death
penalty, but the court restricted the provision of the death penalty to the rarest of rare cases
only. If the case falls under this theory, then capital punishment may be given. The court did
not elaborate as to what falls under the category. Still, the court has declared from time to time
that the cases like honour killings, assassination, genocide, brutal murder, etc., fall under the
definition of ‘rarest of the rare case’.
As per section 54 of the Indian Penal Code, the appropriate government can commute the
sentence of death for any other punishment provided by this Code.
Imprisonment for life
1. The words “imprisonment for life” was substituted for “transportation for life” by Act
XXVI of 1955.
2. In this type of punishment, an accused convicted of a crime have to remain in prison
until he is alive or until pardoned or otherwise commuted to a fixed period.
3. In its natural meaning imprisonment for life means imprisonment for the whole of the
remaining term of the convicted person’s natural life. As per section 57 of the Code,
the period for life imprisonment is 20 years only for calculating purposes.
4. Imprisonment for life can never be simple imprisonment; it is always rigorous
imprisonment.
Note: What is the reason behind 14 years of imprisonment?
(a) As per section 433(b) of the CrPC and section 55 of the IPC, the appropriate
government has the power to reduce or suspend the sentence of imprisonment for life
to imprisonment for a term of not more than 14 years.
(b) As the prisoner is under the supervision of the State Government, the State Government
has trust in it and in such case, the State Government can appeal for the reduction of
the punishment. But life imprisonment cannot be less than 14 years.
Bhagirath And Ors Vs. Delhi Administration (1985 AIR 1050)
The supreme court of India defined imprisonment for life as imprisonment for the remainder
of the natural life of the convict. If life imprisonment is given to a person, he shall stay in the
prison for a minimum of 14 years and the maximum is the rest of his life.

Imprisonment: - Imprisonment means taking away a person's freedom and putting him in
prison.
• According to Sec 53 of the IPC, there are two kinds of punishments:
a) Simple: it is a punishment in which the offender is confined to jail only and not subjected
to any hard labour.
The following are some offences which are punishable with simple imprisonment:
• Wrongful Restraint (Sec 341)
• Uttering any word or making any sound or gesture with an intention to insult the
modesty of a women (Sec 509)
• Misconduct in a public place by a drunken person (Sec 510)
• Defamation (Sec 500,501,502)
• Criminal misappropriation of property (Sec 403)
b) Rigorous: In this case the offender is put to hard labour such as grinding corn, digging,
cutting wood etc. The following are some offences which are punishable with rigorous
imprisonment
• Kidnapping in order to murder (Sec 364)
• Robbery (Sec 392)
• Dacoity (Sec 395)
• House breaking in order to commit offence punishable with death (Sec 449)
• Forfeiture of property
Forfeiture Of Property

Forfeiture implies the loss of property of the accused. Under this punishment, the state seizes
the property of a criminal.it is the result of the wrong or default caused by the person. The
property forfeited may be movable or immovable.
In two provisions the forfeiture of the property has been abolished:
1. Under Section 126 for committing depredation on territories of power at peace with
government of India.
2. Under Section 127 for receiving property taken during war or depredation mentioned
in section 126 of IPC.
Fine
Fine can be simply defined as monetary punishment. Almost all the sections related with
awarding punishment includes fine as punishment. However, section 63 says where sum is
expressed to which a fine may extend, the amount of fine to which the offender is liable is
unlimited, but shall not be excessive.

Case Law
• Palaniappa Gounder Vs. State of Tamilnadu (1977 AIR 1323): The apex court stated
that the sentence given by the court shall be proportionate to the nature of the offence
which includes the sentence of fine. And the punishment shall not be unduly excessive.
SOLITARY CONFINEMENT
It is defined under section 73 of the IPC. Solitary confinement means keeping the prisoner
isolated and away from any kind of intercourse with the outside world. It is believed that a
feeling of loneliness may exert a wholesome (good) influence and reform the criminal. Solitary
confinement shall in no case exceed three months in total. The scale, as given in section 73, is
as follows:
1. If the term of imprisonment is less than or up to six months, then the period of solitary
confinement shall not exceed one month.
2. If the term of imprisonment is more than six months but less than one year, then the
period of solitary confinement shall not exceed two months.
 3. If the term of imprisonment is of more than one year, then the period of solitary
confinement may be up to three months but not beyond that.
It can only be awarded if the following two conditions exist:
1. A person must be convicted for an offence under this Code.
2. The offence must be the one for which the court has the power to sentence the accused
to rigorous imprisonment.
According to section 74 of IPC, the punishment of solitary confinement cannot be awarded for
the whole term of imprisonment, and it must be imposed at intervals. A sentence of solitary
confinement for the whole term of imprisonment is illegal if awarded for more than 14 days at
a time. When the imprisonment awarded is of more than three months, the solitary confinement
shall not exceed seven days in any one month of the whole imprisonment awarded.
In Charles vs Superintendent, Tihar Jail case, the Supreme Court observed that solitary
confinement means the harsh isolation of a prisoner from the society of fellow prisoners by
cellular detention. It should be imposed following a fair procedure and only in exceptional
cases.
CAPITAL PUNISHMENT
Introduction
Capital Punishment is also known as Execution or Death Penalty. It is process where a person
who has committed a grave or criminal offence is sent by the State to execution as a
punishment. All the offenses aren’t punishable by death penalty.
In the ancient times there were no proper laws, rules and regulations for such crimes and mainly
depended on the discretion of the king. Later, when the laws were codified, in most of the states
it became the duty of the State to punish the wrongdoer and protect the rights of the other
people.
The legal framework for capital punishment in India is primarily governed by the Indian Penal
Code, which outlines the circumstances under which capital punishment can be awarded. The
Code of Criminal Procedure and the Indian Evidence Act also play a role in the application of
the death penalty.
In 2015, the Law Commission of India recommended that the death penalty be abolished for
all crimes except terrorism-related offences and waging war against the country. However, the
government has not yet taken any action on this recommendation.
In recent years, there has been a growing movement in India to abolish the death penalty, with
several high-profile cases bringing the issue to public attention. However, capital punishment
remains a legal option in India, and is still used in certain cases where the courts deem it
appropriate.
Meaning Of Capital Punishment
Capital punishment, also known as the death penalty, is a legal process where a person is
sentenced to death by the state as a punishment for a serious crime they have committed. The
most common crimes for which capital punishment is allowed include murder, treason,
terrorism, and in some cases, rape.
Death Penalty Crimes in India
The death penalty, also known as capital punishment, is a legal form of punishment in India
that is used for a limited number of crimes
The Indian Penal Code outlines the crimes that can be punishable by death, which
include:
• Murder:
• Rape:
• Terrorism:
• Treason:
• Drug trafficking:
The Doctrine of "Rarest of the Rare Cases"
The "rarest of the rare cases" is a doctrine in Indian law that pertains to the death penalty. It
suggests that the death penalty should only be imposed in the rarest of rare cases, where the
crime is exceptionally heinous, and the circumstances surrounding the crime are such that the
imposition of the death penalty is the only appropriate punishment.

The concept of "rarest of the rare cases" was first introduced by the Indian Supreme Court in
1980 in the landmark case of Bachan Singh v. State of Punjab. In that case, the Court held
that the death penalty should only be imposed in cases where the aggravating circumstances
outweigh the mitigating circumstances. The Court also held that the burden of proving that the
case falls within the "rarest of the rare" category lies with the prosecution.

Since the Bachan Singh case, the doctrine of "rarest of the rare cases" has been applied in
many cases where the death penalty has been sought. The Indian Supreme Court has
emphasized that the death penalty should only be imposed in the rarest of rare cases, and that
the decision to impose the death penalty should be made only after a careful consideration of
all the relevant factors. The court laid down certain guidelines to determine whether a case falls
under the rarest of rare category. These guidelines include the nature and circumstances of the
crime, the motive behind the crime, the personality of the convict, and the possibility of reform
or rehabilitation.
Constitutionality of Capital Punishment in India
Capital Punishment has always been a debatable topic all over the world. It has been practiced
from the time immemorial. In India, Capital Punishment is awarded for the most serious,
heinous, grievous crimes like murder, war against government, etc according to the Indian
Penal Code. Article-21 of the Indian Constitution says that no person shall be deprived of ‘right
to life’ that is promised to every citizen in India. The president has the power to grant mercy in
the case of death penalty.
Aricle-72 of the Indian Constitution empowers the President to pardon, respite, suspend or
reduce the sentence who has been convicted of the death penalty. Once a convict has been
sentenced to death in a case by the Sessions Court, it must be confirmed by the High Court,
then if the appeal is made to the Supreme Court by the convict fails, then only he can submit a
‘mercy petition’ to the President of India. Detailed instructions are to be followed by States to
deal with petitions for mercy from or on behalf of death-sentenced convicts. Appeals to the
Supreme Court and requests for special leave petition is send to that court by such convicts is
set out by the Ministry of Home Affairs.
Under Article-161, the Governor also has the discretionary power as that of the President but
it is to be ensured that the same is not based on the basis of any race, caste, religion, political
view, etc.
As for Article-72 and Article-161 the judicial authorities don’t really have much say on that,
they should though ensure that all the papers and documents are on the table of the
President/Governor before such decision is made.
Execution of Capital Punishment in India
• Shooting– The Air Force Act, The Navy Act and The Army Act also provide for the
execution of the death sentence. The execution of the death sentence according to
Section-34 of the Air Force Act,1950, can either be done shooting or hanging the
wrongdoer. The Army Act, 1950 and The Navy Act, 1957 also provide for the similar
provisions as that of the Air Force Act, 1950.
• Hanging-Hanging as a form of Capital Punishment is given under Section-354(5) of
The Code of Criminal Procedure,1973. The method illustrated in same was drawn up
by William Marwood in Britain. 8 men have been hanged so far in the 21st, most
recently in 2020 including the convicts of the Nirbhaya case who were hanged till death
on 20th March 2020.
Offenders excluded from Capital Punishment
Offenders that are excluded from the Capital Punishment are as follows-
• Minor– Indian law says that a person who is younger than 18 years of age at the time
of commission of a crime cannot be awarded capital punishment.
• Mentally Disabled person– According to the Indian Penal Code, a person while
committing a heinous crime was mentally / rationally sick or cannot comprehend the
nature of the act done by him is risky/dangerous, such cannot be punished by capital
punishment.
• Pregnant Woman– As per 2009 amendment, leniency must be given to a pregnant
woman who is condemned to the death penalty. For example- Nalini who played an
important role in the assassination of Rajiv Gandhi was sentenced to death penalty but
the same was commuted into life imprisonment since she was pregnant.
Supreme Court Landmark Judgement
1. Jagmohan Singh v. State of Uttar Pradesh (1973): - In this case, the Supreme Court
ruled that the death penalty should only be awarded if there is no possibility of
reformation or rehabilitation of the accused. This judgment emphasized the importance
of considering the individual circumstances of the accused before imposing the death
penalty.
 2. Rajendra Prasad v. State of Uttar Pradesh (1979): - This judgment established that
the burden of proof in death penalty cases rests with the prosecution, and that the court
must be convinced beyond a reasonable doubt of the guilt of the accused before
awarding the death penalty.
3. Bachan Singh v. State of Punjab (1980): - This case is considered a landmark
judgment as it laid down the "rarest of rare" doctrine for the imposition of the death
penalty. According to this doctrine, the death penalty should only be awarded in the
rarest of rare cases where the alternative option of life imprisonment is not a just
punishment.
4. Machhi Singh v. State of Punjab (1983): -This judgment established guidelines for
the application of the "rarest of rare" doctrine, stating that the death penalty should only
be awarded in cases where the crime is of the "most extreme gravity" and where the
aggravating circumstances outweigh the mitigating circumstances.
Arguments favour Capital Punishment in India
• Retribution: Death Penalty or Capital punishment or death sentence is seen as just
retribution for murderers.
• Utilitarianism: It is a concept that conveys that the consequential welfare of the society
outweighs the deprivation of life of the criminal.
• Deterrence: In any kind of society, the death sentence serves as a deterrence which
leads to reform in society and potential offenders.
• Public Safety: There is a need to ensure public safety as the public has to be
safeguarded against the possibility of release of a person convicted of murder.
Arguments Against Capital Punishment in India
Violation of Right to Life: The death penalty also violates the fundamental right to life
guaranteed by the Indian Constitution.
• The Indian Constitution, under Article 21, states that no person shall be deprived of his
“Right to Life” unless done with due process.
• When the death penalty is imposed, it also restricts the scope of introducing fresh
evidence or legal rules into the case.
Methods of Penalty: According to the Indian Constitution, state-sanctioned executions have
to be as comfortable and painless as possible but there is no easy method available for this.
• The most popular technique, lethal injection, has been involved in controversy due to
unsuccessful executions.
• Ex- One Oklahoma prisoner experienced an apparent heart attack forty-three minutes
following the initial injection in 2014.
Poor Deterrence Effect: There is no proof that the death penalty serves as any kind of
deterrence.
• Social scientists had shown the death penalty had no deterrent effect; and that public
opinion worldwide was in favour of its abolition.
Conclusion
It is difficult to say whether it is just to award capital punishment to someone on the name of
morality, since if one sees from a moral perspective then it is wrong to take away life of
someone on the name of justice and at the same time it may lead to the execution of an innocent
person but if one sees through the social perspective then if a wrongdoer is not punished for
the heinous crimes committed by him then it would not only be dangerous for the various
potential victims out there but also the other potential wrongdoer might not understand the
consequences of their wrongdoings.

3) CUSTODIAL TORTURE
Custodial torture is the infliction of physical or mental pain or suffering on a person who is in
the custody of the police or other authorities. It is a grave violation of human rights and
dignity and often leads to custodial deaths, which are deaths that occur while a person is in
custody. One of the biggest issues with custodial violence is that it has put human rights at
stake. This crime is an outburst against humanity and is one of the many root obstacles in a
Democratic country.
According to the Law Commission of India, the crime by a public servant against the arrested
or the detained person who is in custody amounts to custodial violence. Custodial deaths are
common despite the enormous money and time spent on training and sensitizing police
personnel.
What is custodial torture
According to the Chambers Dictionary, the condition of being held by the police, arrest, or
imprisonment is called 'custody'. Violence means the use of force by one person over another
so as to cause injury to him. The injury may be physical, mental, or otherwise.
Custodial violence is the violence that takes place in judicial and police custody where an
individual who has done a crime is tortured mentally or physically. Most of the custodial deaths
were attributed to reasons other than custodial torture, which included suicide and death in
hospitals during treatment. The term custodial violence has not been defined under any law.
Custodial violence includes illegal detention, wrongful arrest, humiliating suspects, extorting
information under pressure, and physical, mental, and sexual violence.
Types of Custodial Violence
There are different types of custodial violence. Discussed below are the same:
1. Physical Violence
This is the most common form of violence used by the police. This involves using physical
force to cause bodily harm and exhaustion to the victim. In some instances, this form of
custodial violence can cause the victim to fear immediate death.
2. Psychological Violence
Not providing correct information and mentally torturing them. This involves depriving the
victim of basic needs like food, water, sleep, or toilet thereby causing the victim to lose
confidence and morale. Humiliation or threats to the dear ones of the victim can cause them
mental agony.
3. Sexual Violence
This may include verbal sexual abuse and humiliation of one’s dignity. This may leave a long-
lasting psychological impact on the victim. Any sexual or attempt to obtain a sexual act by
violence or coercion is called sexual violence. This includes rape, sodomy, etc.
Custodial Violence in India
Custodial Violence in India has been a major human rights issue for decades now. It is one of
the root obstacles to democracy and the development of human wellbeing. According
to National Crime Records Bureau (NCRB) data, between 2001 and 2018, only 26 policemen
were convicted of custodial violence despite 1,727 such deaths being recorded in India.
High-Profile Cases
Several incidents of custodial torture have sparked public outrage in India:
Jayaraj and Bennix Case (2020): The custodial deaths of a father and son in Tamil Nadu
highlighted police brutality and led to widespread protests.
Manjula Shetye Case (2017): A female inmate in Maharashtra was assaulted by prison staff,
resulting in her death.
Police as Perpetrators of Torture: -
1. There can be no discussion on the subject of custodial torture without an understanding
of the term ‘Police’ in India. The police have existed in the society from time
immemorial. The Police generally means the ‘civil force of the state’ which is
responsible for detection of crimes and preventing them in their territory to maintain
public order and peace in the society.
2. In India, the first visible point of contact for the people in event of a crime is the
‘Police’. It is the only agency having the widest possible contact with the people.
Therefore, it should be the responsibility of the police to do their duty and protect the
rights of people rather than violating it themselves.
3. For obvious reasons, the Police doesn’t use the word torture. Torture is given different
names by police such as “sustained interrogation”, “questioning” and “examining”.
While doing such interrogations, the police always abuse their powers and the result of
it is brutalisation or death of the accused.
4. It is hard to find a police station in India, where the police personnel do not use torture
as a daily practice while interrogating individuals in their custody.
Legal Provisions Against Custodial Violence in India
Lawmakers have introduced several legal provisions to protect against custodial violence and
misuse of power:
1. Constitutional provisions
• Article 20(1): No punishment for acts not illegal at the time of commission or greater
than prescribed.
 • Article 20(2): No double jeopardy.
• Article 20(3): No self-incrimination.
• Article 21: No deprivation of life or liberty except by law, protecting from torture or
injury.
• Article 22: Informs reasons for arrest, ensures legal aid, and mandates appearance
before a magistrate within 24 hours.
2. CrPC, 1973
• Sections 41A-D: Ensure proper documentation, communication of arrest, and legal
representation.
• Section 163: Prohibits threats or inducements during interrogation.
• Section 164(4): Requires voluntary and signed confessions.
• Section 49: Restricts unnecessary restraint.
3. IPC, 1860
• Section 220: Punishes malicious confinement.
• Section 330-331: Penalizes hurt (up to 7 years) or grievous hurt (up to 10 years) to
extract confessions.
• Section 348: Punishes wrongful confinement for extortion (up to 3 years).
4. Indian Evidence Act, 1872
• Section 25: Confessions to police are inadmissible.
• Section 26: Custodial confessions inadmissible unless before a magistrate.
5. Police Act, 1861
• Section 29: Punishes police personnel for custodial violence (up to 3 months'
imprisonment or penalty).
These provisions collectively aim to ensure accountability and protect individuals' rights.
Causes of custodial violence in India
There are various causes of custodial violence by the police:
1. One of the biggest causes can be attributed to the absence of an Anti-Torture law in the
country.
2. Due to loopholes in the system, the policemen do not fear being caught in the act. This
encourages them to continue with their violent methods of extracting information or to
teach their enemies a lesson.
3. Lack of awareness among the public about their rights makes them easy victims. When
victims are not aware of their rights, it gives the policemen the confidence to carry on
with violent means to deal with people.
 4. Lack of proper training also is another cause. The policemen are not properly trained to
deal with suspects. Little attention is paid to their emotional intelligence which remains
unchecked, thereby leading to them being violent easily.
5. Lastly, the huge responsibility on their shoulders, pressurises them to use faster
methods to solve a case. Some policemen crack under this pressure and resort to violent
means to get information quickly.
Prohibition of Custodial Violence
1. Proper reforms must be implemented to completely prohibit custodial and judicial
violence.
2. India should ratify the UN Convention Against Torture as it will mandate a systematic
review of the colonial, methods, practices and arrangements for the custody and
treatment of persons subjected to arrest, detention or imprisonment
3. The police officials must be trained under special guidelines so that any kind of violence
can be prevented
4. Separate rooms with CCTV cameras installed must be set up in police stations for the
purpose of interrogation
5. Prison conditions must be in line with human rights requirement
6. Implementation of Law Commission of India’s 273rd Report that suggests that those
accused of committing custodial torture – be it, policemen, military and paramilitary
personnel – should be criminally prosecuted instead of facing mere administrative
action establishing an effective deterrent.
Judicial pronouncements
D K Basu vs State of West Bengal 1987: Under this case, the Supreme Court of India observed
that the use of torture is not permissible and an offense against Article 21. The court observed
that custodial death is a matter of concern and it is more aggravated as it is committed by the
protector of the citizens.
Nilabati Behera vs the state of Odisha: According to this case the state could no longer escape
liability in public law and the state is under compulsion to pay the compensation.
In Prakash Singh v. Union of India (2006), the Court recommended police reforms to reduce
misuse of power.
Conclusion
Custodial violence is indeed a disgraceful act against humans. It has been used by people
having authority to get what they want without considering the immense trauma the victim has
to face. In India, even though there are rights available to citizens, the cases of custodial
violence keep on increasing. The Hon'ble Supreme Court has tried to fill the gap by
pronouncing landmark judgements and laying down guidelines, but it still doesn't seem enough.

4) PRISONS /JAIL REFORM

The term prison is derived from the Latin term which means to seize. A prison, also known as
a jail or correctional facility, is a place where people are held in confinement, usually as a
punishment for a crime. Prisons can be local, state, or federal, and they vary in size and security
level. Prisons are typically run by government agencies.
Prisons can be a dangerous and difficult place to live. Inmates may be subjected to violence,
abuse, and sexual assault. They may also suffer from mental illness and addiction. However,
prisons can also be a place of hope and redemption. Many inmates are able to turn their lives
around and become productive members of society after they are released from prison.
Definition
According to Sethana, "Prisons are those places where the convicted person is kept or where
the person on whom proceedings are going on in the courts are kept."
According to Oxford English Dictionary “prison means a place properly efficient and
equipped for the reception of persons who by legal process are committed to it for safe custody
while pending of trail and punishment”.
Characteristics of Prisons
1. A prison is a place where prisoners are kept.
2. Prisons are managed and operated by the state government.
3. Convicts can be kept in prison temporarily or permanently.
4. Individuals proven guilty or likely to be proven guilty of crimes are kept in prisons.
Types Of Prison in India
In India there are three levels of Prison such as Taluka level, district level and central level
(sometime it is also known as zonal /range level). The jails in these levels are known as Sub
jails, district jails and central jails respectively.
• There is total 134 central jails. Delhi has the highest number of central jails that is 16,
Madhya Pradesh have 11, Maharashtra, Punjab, Rajasthan and Tamil Nadu each have
9 central jails, Karnataka has 8 central jails, Gujarat has 4 central jails.
• Arunachal Pradesh, Meghalaya, Andaman and Nicobar Islands, Dadra and Nagar
Haveli, Daman and Diu and Lakshadweep do not have a single central jail.
Taluka level: - This type of jails is also known as sub jails. They are small in size compared
to other jails. They are present in sub-divisional areas of the States. The jails at this level are
well organized.
District Jail: - There is not much difference between the central jails and district jails. District
jails are the main jails for those states and union territories where there is no central jail.
Central level: - It is at the discretion of the state to segregate a jail as the central jail. Central
jail is mainly used for those prisoners who were sentenced to life imprisonment, the death
penalty, or imprisonment for a long period. The capacity of these jails is quite large
Special jails: - This type of jail possesses maximum security. These jails are mainly for
terrorists, habitual offenders, those who have committed serious crimes, who are aggressive
towards inmates of the jails, etc.
Women's jails: This type of jails is only for women prisoners. This was made for the safety of
the women. These jails have women staff.
Open Jails: -The name of these types of jails may appear contradictory but this is true. These
jails are the minimum-security prisons. According to the Rajasthan Prison Rules open jails
means the prison without walls, bars and locks. In these jails only those convicted prisoners
are admitted who possess good behaviour and satisfying the norms which are prescribed in the
prison rules.
Borstals schools: -These are a type of reformative centre for children and juveniles
exclusively. The Borstals schools conduct educational training for the juveniles and children
who are there
Other jails: -The other jails are those jails that do not fall under any of the above categories.
Only three States have other jails i.e., Karnataka, Kerala, and Maharashtra.
Role and Objectives of Prisons
1. The primary objective is not retaliation but reformation of the offender.
2. Prisons aim to make prisoners better individuals, helping them become responsible
citizens.
3. Reformative tools include:
o Prison labour
o Education
o Religious instructions
4. The possibility of reformation depends on the prisoner’s nature:
o Hardened criminals involved in heinous crimes are difficult to reform.
o First-time offenders or those committing crimes under provocation or pressure
can be reformed to some extent.
Is it a state matter or a centre matter?
Prison is a state subject under the state list of the 7th Schedule to the Constitution of India.
Regular guidance and advice to states and union territories (UTs) on various issues concerning
prisons and inmates is given by the Ministry of Home Affairs. Presently, prisons are governed
by the Prisons Act of 1894 and the prison manuals of their respective states.
What is the Status of Prison Administration in India?
• The administration of prisons is a crucial part of the criminal justice system. In the past
century, the way society views convicts has undergone a fundamental shift.
 • With a shift in the way society views jail and convicts, the previous penal system, which
involved forcibly confining inmates and depriving them of their freedoms as a form of
punishment, has been altered.
• It is now regarded as a correctional or improvement centre, which shows that reforming
criminals is given more priority than punishing them.
Structure of the Criminal Justice System in India:
• The government organisations that uphold the law, decide on criminal cases and deter
illegal behaviour make up the Indian Criminal Justice System. Prison reforms works in
connection with this.
• There are four of them:
1. Legislature (Parliament)
2. Enforcement (Police)
3. Adjudication (Courts)
4. Corrections (Prisons, Community Facilities)
Need of Prison reform
Prison reform in India is essential to address issues like overcrowding, inhumane treatment,
lack of legal aid, and poor healthcare and hygiene. Prisons should focus on rehabilitation
through education, vocational training, and alternatives like probation or parole for minor
offences. Women prisoners and undertrials need special attention, and trained staff is crucial
for humane management. Reform is vital to uphold human rights and ensure reintegration of
prisoners into society.
Committees and recommendations of prison reforms
Justice Mulla committee 1983
The Mulla Committee recommended improved prison accommodations, the creation of the
Indian Prisons and Correctional Services, and public and media visits for transparency and the
reduction of under-trial prisoners through expedited trials.
Recommendations:
• Government should form a national policy on prisons.
• Government should use alternatives to imprisonment, such as community service, etc,
Justice V.R. Krishna lyer Committee, 1987
In 1987, this committee was appointed to study the situation of women in prisons in India.
Recommendation:
• Induction of more women into the police force.
• Separate institutions with women employees alone, especially for women offenders.
 • Necessary provisions to restore the dignity of convicted women.
In State of Rajasthan vs. Balchand, aka Balia 1978, Justice V.R. Krishna lyer said that bail is
the rule and jail is the exception. From then on, it became a legal principle for courts in India.
Under the chairmanship of the directorate general (BPR&D) in 2005, a national policy on
prison reforms was drafted.
Justice Amitav Roy Panel, 2018
Justice Amitav Roy panel 2018 of the Supreme Court recommends several prison reforms:-
alternative punishment should be explored, special fast track courts, improvements in lawyer-
prisoners ratio, use of video-conferencing for trial, the Supreme Court passing directions to
start the process of recruitment against vacancies and several more.
PRISONS RELATED ACTS: -
Model Prisons Act of 2023
Due to "several lacunae" in the old pre independence acts like the Prison Act, 1894, which
mainly focus on the retributive theory, there is no provision for rehabilitation of the prisoners
under this act. On May 12, 2023, the Model Prisons Act 2023 introduced provisions for gang
violence within prisons. This is because of the incident that triggered fear among inmates the
killing of 33-year-old man, who was stabbed to death by the members of a rival gang inside
the Tihar jail.
Prisons Act, 1894
The Prisons Act, 1894 is the primary framework for jail management and administration across
India, but it remains outdated and without any amendments. The act failed to address key
issues, which were later highlighted by the Indian Jail Committee Report (1919-1920),
emphasizing rehabilitation and reformation of offenders as essential objectives of prison
administration.
Indian Jail Reform Committee (1919-1920)
The Committee appointed, led by Sir Alexander Cardew, recommended a reformative approach
to prisons instead of solely deterrence. Some of important recommendations are:
• Abolishing corporal punishment.
• Engaging inmates in productive activities.
• Introducing aftercare programs for released prisoners' rehabilitation.
• Setting maximum intake capacities for prisons based on their size.
The Committee stressed the need for both reform and humane treatment of inmates, while
debates on retaining solitary confinement continued.
Government of India Act, 1935
(a) The Government of India Act,1935 is an important legislative framework which resulted
in the transfer of the subject of jails from the Centre list to that under the control and
administration of provincial governments.
Issues Related to Prison in India
Following are some serious issues with the jail system that the Supreme Court cited in the
Ramamurthy v. State of Karnataka judgement:
1. Overcrowding: India has several overcrowded jails, with institutions built to house a
specific number of inmates being crammed to the jails. The prisoners’ resources are
impacted by the overcrowding. It primarily has to do with the various prisoner classes.
2. Under trials: A large portion of prisoners are under trials, making up 67.2% of the
prison population as per NCRB, often spending longer in jail than their eventual
sentences.
3. Pendency of Cases: Over 4.7 billion cases remain pending in Indian courts,
contributing to delays in trials and justice.
4. Staff Shortage: Prisons suffer from understaffing and underfunded, leading to
inadequate security and supervision; for example, some prisons have a ratio of 1 guard
for every 100 inmates.
5. Condition of Women Prisoners: Women face poor sanitation, inadequate food, and
sometimes custodial abuse.
6. Instances of Torture and Abuse: Prisoners often face physical and psychological
abuse, with reports of custodial violence and mental health issues.
7. Infectious Diseases: Inmates are exposed to diseases like HIV and tuberculosis, posing
public health risks.
8. Colonial Nature and Obsolete Laws: Many laws and the prison system are outdated,
dating back to colonial times, and may no longer be relevant in modern India.
Suggestion to enumerate Jail Evil: -
(a) The condition of prisons should be improved by making adequate arrangements for food,
clothing, sanitation, ventilation etc.
(b) The prison staff should be properly trained and organized into different cadres. It would be
advisable to constitute an All-India Service called the Indian Prisons &Correctional Service for
recruitment of Prison officials.
(c) The media and public men should be allowed to visit prisons and allied correctional
institutions periodically so that public may have first-hand information about conditions inside
prisons and be willing to co-operate with prison officials in rehabilitation work.
(d) Lodging of undertrials in jail should be reduced to bare minimum and they should be kept
separate from the convicted prisoners.
(e) Since under trials constitute a sizable portion of the prison population, their number can be
reduced by speedy trials and liberalization of bail provisions.
(f) The Government should make an Endeavour to provide adequate resources and funds for
prison reforms.
(g) A mobile complaint box should be installed outside the prisoner’s cell to ensure the
problems of the prisoners are taken into consideration. The key to such should be only with the
bodies which will inspect the prison.
(h) The prison waste which is collected should be turned into a biofertilizer and sold to various
companies and the profit should be shared with the prisoners.
(i) Mentally ill should be accommodated in the psychiatric wing if such wing exists in the
prison hospital, or he should be sent to the nearest mental hospital for treatment. Further, if the
prisoner fails to recover from mental illness even after completing half of the maximum term
of conviction, the State Government should consider his case for release.
(j) To set up a State Board of Visitors to visit prisons at regular periodicity and to report on
conditions prevailing in the prisons for consideration of the State Government;
(k) Sanitation and hygiene: Some of the important recommendations in this area are properly
equipped laundries for washing, disinfecting and fumigating clothes and beddings; ratio of
latrines should be 1:7 prisoners; cubicles for bathing at the rate of 1:10 prisoners; covering of
open gutters in prisons; inspection of every prison by the local Public Health Officer
periodically.
(l) Installation of CCTV cameras in the cells.
Conclusion
Prison is the important wing of administration of crime and criminology in the country. There
are many hurdles to cross for the prisons to be a reformative institution than a custodial home
of torture. The issue of prison administration and reformation of prisoners is just a piece of the
bigger picture of social recovery. The jail organization alone can't effectively reform the
prisoners.
OPEN PRISONS
INTRODUCTION
Open prisons refer to the prisons that involve minimum security and is mainly dependent on
the self-discipline of the inmates. The rules of these prisons are less stringent as compared to
the rules of the other prisons. For this reason, they are also known as open air camps, prisons
without bars or minimum-security prison. These promote one of the major principles of
punishment known as the ‘Reformative Theory’ where instead of severely punishing the
convict, an opportunity is provided to reform oneself and get into the mainstream life.
Rajasthan which has as many as 29 open prisons, the highest in the country provides a
definition of open prisons in its Rajasthan Prisons Open Air Camp Rules, 1972 as follows:
‘prisons without walls, bars and locks.’
Definition
An open prison, also called minimum-security prison, open camp,or prison without bars, is a
prison which is open in four respects:
i. Open to prisoners
ii. Open in security
iii. Open in organization
iv. Open to public
Objectives: As stated in the Nelson Mandela Rules:
The main objectives/reasons of establishing open prisons are:
i. To reduce overcrowding in jails,
ii. To reduce prison expenditure, as these prisons not require expensive security arrangements;
iii. To create the atmosphere with the prison which is favourable, to improvement and
rehabilitation.
iv. To reward good behaviour,
v. to give training in self-reliance,
vi. to prevent frustrations and create hope among long-termers,
vii. to examine the suitability of releasing offenders from prisons, and
viii. To enable prisoners to live with their family members (in some states).
History
The first open prison in India, established in 1905 in the Bombay Presidency, initially used
prisoners as unpaid labour for public works.
o Over time, the concept evolved, emphasising reformation over deterrence.
Post-independence, the first open prison annexe was set up in Lucknow in
1949, leading to a full-fledged facility in 1953, where inmates helped build the
Chandra Prabha dam.
o Post-independence, Constitutional Court rulings addressing inhumane prison
conditions prompted a shift in prison management, emphasising reform and
rehabilitation.
• Courts urged states to ensure fair wages and support reintegration,
leading to the rise of open prisons as a reformative approach.
Types of Open Prisons:
The Model Prison Manual classifies open prison institutions in India into three types:
• Semi-Open Training Institutions: Attached to closed prisons with moderate security.
• Open Training Institutions/Work Camps: Focus on public works and vocational
training.
• Open Colonies: Allow family members to live with inmates, with opportunities for
employment and self-sufficiency.
Eligibility Conditions: -
Eligibility conditions for admission to open prisons vary from state to state. The main
conditions are:
(1) Prisoners should be willing to abide by the rules of open prisons;
(2) They should be physically and mentally fit to work;
(3) They should have been sentenced for terms of one year or more and must have spent at least
one-fourth of the total term of imprisonment in jail;
(4) They should have record of good behaviour in prisons;
(5) They should not be below 21 years or above 50 years of age as prescribed by the states.
(6) They should not have been convicted for certain types of crimes (like dacoity, forgery,
counterfeiting, etc.);
(7) They should not have any case pending in the courts;
(8) They should not be habitual offenders; and
(9) They should not be class I (one) prisoners or women prisoners.
Advantages of Open Prisons: -
• They help in reducing overcrowding in jails.
• It controls the criminalization by separating the new comer from the habitual criminal.
• Open prisons are conducive (helpful to) to rehabilitation and improvement.
• Construction and operating cost are fairly reduced.
• Open prisons create a sense of self respect, freedom and discipline.
• The prisoners in an open-air facility learn avocations which can help them earning
livelihood upon release.
• Engaging inmates of open-air prisons in productive work reduces idleness and thus
keeps them physically and mentally fit.
Disadvantages
• The main concern with open prisons is the risk of escape.
• The open prison system may not be suitable for all types of offenders.
• The selection process for open prisons may be subjective, leading to potential
inequalities in the treatment of prisoners.
• Under trial prisoners are excluded from the benefit of open prisons
• Corruption have always been a menace to our country. Sometimes, due to corruption
wealthy convicts, who are even charged with heinous crimes and are hardened-
criminals, are transferred to open air prisons
• Some prisoners are allowed to establish their lives around the prisons and are also
permitted to stay with their families, but later on they refuse to move out of that place
as it becomes a free shelter for them.
Recommendations: The Supreme Court, in the Rama Murthy v. State of Karnataka case
1996, endorsed the expansion of open jails. Various committees, including the All-India
Prison Reforms Committee in 1980, have recommended the establishment of open prisons
across states.
 o The National Human Rights Commission (NHRC) advocated the need for open
prisons and how they could solve prison overcrowding in several of its annual reports
from 1994-95 and 2000-01.
Case laws
Dharmbir Vs. State of UP 1979:
In this case, court held that Open prison had certain advantages in the context of young
offenders who could be protected from some of the harden criminals.
5) RIGHTS OF PRISONERS
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 emphasised 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. (2000) 5 SCC 712, the
Supreme Court ruled that prisoners retain all their fundamental rights unless their liberty has
been constitutionally restricted.
Who is a Prisoner?
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 Prisoners in India under the Prisons Act, 1894
The Prisons Act of 1894 marked the first legal framework for regulating prisons in India. This
act outlines provisions aimed at ensuring the welfare and protection of prisoners, including
both convicts and undertrials. Here are some of the key rights granted to prisoners under this
act:
Right to Adequate Accommodation (Section 4)
• Prisoners have the right to receive accommodation that complies with the standards set
forth in the Prisons Act of 1894. The Model Prison Manual of 2016 also emphasises
that living conditions in every prison should uphold human dignity, covering aspects
such as accommodation, hygiene, sanitation, food, clothing and medical facilities.
Right to Shelter and Safe Custody for Excess Prisoners (Section 7)
 • If any prison becomes overcrowded and it’s impractical to transfer the excess number
of prisoners to other facilities, temporary prisons should be arranged to provide shelter
and safe custody. This is especially crucial during outbreaks of epidemic diseases
within a prison.
Examination of Prisoners by Qualified Medical Officers (Sections 24 and 26)
• Every prisoner is entitled to be examined by a qualified Medical Officer. The Medical
Officer should record the prisoner’s health status, any wounds or marks on their body,
their fitness for specific labour (if sentenced to rigorous imprisonment) and any relevant
observations. These records are maintained in a book kept by the Jailer (Section 24(2)).
• Female prisoners have the right to be examined by a lady matron, as per the special or
general orders of the Medical Officer (Section 24(3)).
• Prisoners cannot be transferred from one prison to another unless the Medical Officer
certifies that they are free from any illness that would make the transfer unsafe (Section
26(2)).
• Prisoners cannot be discharged from prison against their will until the Medical Officer
deems such a discharge to be safe (Section 26(3)).
Separation of Prisoners (Section 27)
• In a prison housing both female and male prisoners, females must be placed in separate
buildings or distinct sections of the same building. This arrangement is designed to
prevent them from seeing, conversing with or having any interaction with male
prisoners.
• Prisons detaining male prisoners under the age of twenty-one should have measures in
place to separate them entirely from other prisoners, particularly distinguishing those
who have reached puberty from those who have not.
• Undertrial prisoners should be kept separate from convicted criminal prisoners
(convicts).
• Civil prisoners should be kept apart from criminal prisoners.
Maintenance of Prisoners from Private Sources (Section 31)
• Civil prisoners and undertrial criminal prisoners have the right to sustain themselves by
purchasing or receiving food, clothing, bedding and other necessities from private
sources during appropriate hours. This is subject to examination and rules approved by
the Inspector General.
Solitary Confinement (Section 29)
• Solitary confinement cells must be equipped to enable prisoners to communicate with
a prison officer at any time. Prisoners in solitary confinement for more than twenty-
four hours, whether as a punishment or otherwise, must be visited by the Medical
Officer or Medical Subordinate at least once a day.
Supply of Clothing and Bedding to Civil Prisoners and Undertrials (Section 33(1))
• Every civil prisoner and under-trial who cannot provide themselves with sufficient
clothing and bedding shall receive necessary clothing and bedding from the
Superintendent.
Employment of Criminal Prisoners (Section 35)
• Prisoners sentenced to rigorous imprisonment may engage in manual labour for more
than nine hours in emergencies with written approval from the Superintendent.
• The Medical Officer should assess prisoners while they work, record their respective
weights on each prisoner’s history ticket and ensure they have adequate rest.
• If the Medical Officer believes a prisoner’s health is deteriorating due to a specific job,
that prisoner should be reassigned to a more suitable task as determined by the Medical
Officer.
Care for Ill Prisoners (Section 37)
• Prisoners who are unwell or show signs of physical or mental health issues and wish to
consult the Medical Subordinate (doctor) must be promptly reported by the overseeing
officer to the Jailer.
• The Jailer, without delay, shall inform the Medical Subordinate about prisoners in need
of medical attention or who express a desire to see the doctor. They must also follow
any written instructions provided by the Medical Officer or Medical Subordinate
concerning changes in the discipline or treatment of such prisoners.
Provision of Hospitals (Section 39)
Each prison must have a hospital or an appropriate facility for the care of sick prisoners.
Visits for Civil and Undertrial Prisoners (Section 40)
• Both convicts and undertrial prisoners have the right to meet with individuals they wish
to communicate with while in prison, during proper times and under reasonable
restrictions.
• Undertrial prisoners may be allowed to meet their duly qualified legal advisors in
private, without the presence of any other individuals, in the interests of justice.
Rights of Prisoners in India Identified by the All-India Committee on Jail Reforms, 1980
The Mulla Committee highlighted several important rights for prisoners, emphasising their
dignity and humane treatment within the prison system. Here are the key rights:
Right to Human Dignity
• The right to be treated as a human being and as a person, as mandated by the Supreme
Court of India, which has explicitly stated that prisoners should not be treated as non-
persons.
• The right to bodily integrity, safeguarding against the use of physical abuse or violence,
whether by custodial staff or fellow prisoners.
 • The right to mental integrity, protecting against aggression, whether from staff or other
inmates.
• The right to retain fundamental rights guaranteed by the Indian Constitution, except as
permitted by law that prescribes conditions of confinement.
Right to Basic Minimum Needs
• The right to have basic needs fulfilled, including adequate nutrition, health care, access
to clean drinking water, clean and hygienic living conditions, sanitation, personal
hygiene, sufficient clothing, bedding and other essential items.
Right to Communication
• The right to maintain communication with the outside world.
• The right to have periodic interviews.
• The right to receive information about the outside world through various
communication media.
Right of Access to Law
• The right to effective access to information and all legal provisions that regulate
conditions of detention.
• The right to consult or be represented by a legal practitioner of the prisoner’s choice.
• The right to access agencies such as State Legal Aid Boards or similar organisations
providing legal services.
• The right to be informed upon admission about legal rights related to appeal, revision
and review, both for conviction and sentencing.
• The right to receive all necessary court documents for the purpose of filing an appeal,
revision or sentence review.
• The right to present individual complaints and grievances effectively to the relevant
authorities during imprisonment.
• The right to communicate with the prison administration, the appropriate government
and judicial authorities for addressing violations of prisoners’ rights and grievances.
Right to Meaningful and Gainful Employment
• The right to engage in meaningful and gainful employment.
• Note 1: Prisoners should not be subjected to forced labour like “begar” or similar
exploitative forms, as it violates the fundamental right against exploitation
under Article 23 of the Constitution.
• Note 2: Undertrial prisoners who voluntarily engage in work should be provided
suitable tasks and they should receive wages as per the rules.
• Note 3: Prisoners should not be assigned domestic work with prison officials, as it is
not considered meaningful or gainful employment, even if some compensation is
offered.
 • Note 4: Prisoners should not be engaged in work under the management, control,
supervision or direction of private entrepreneurs seeking profit for their organisation,
except in open prisons and camps.
• The right to receive wages for the work performed in prison.
Right to be Released on the Due Date
• The rights of the prisoners also involve the right to be released before due date in certain
circumstances.
Rights of the Prisoners in India under the Constitution
The Constitution of India safeguards the fundamental rights of all prisoners. The Hon’ble
Supreme Court, in the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) 5
SCC 712, affirmed that a prisoner, whether a convict or an undertrial, does not lose their status
as a human being and retains the fundamental rights guaranteed by the Constitution of India,
including the right to life.
Articles 14, 19 and 21 of the Indian Constitution bestow fundamental rights on every Indian
citizen and these rights extend to prisoners as well. The Hon’ble Supreme Court, in the case
of T.V. Vatheeswaran v. State of Tamil Nadu (1983) 2 SCC 68, emphasised that fundamental
rights under Articles 14, 19 and 21 of the Constitution are applicable to both prisoners and
those who are not incarcerated.
Article 14 of the Constitution
Prisoners are entitled to 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.
However, prisoners can exercise only two of these freedoms:
• The right to freedom of speech and expression (Article 19(1)(a))
• The right to become a member of an association (Article 19(1)(c)).
• These rights ensure that prisoners are not deprived of their basic freedoms and legal
protections, even while serving their sentences.
Article 21 of the Constitution
In summary, Article 21 of the Indian Constitution is a critical provision that safeguards the
right to life and personal liberty, serving as a crucial protection against arbitrary actions by the
state or other entities. It reinforces the principles of justice, fairness and human dignity in the
legal system.
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.
Right to Speedy Trial
• The right to a speedy trial is a fundamental right of prisoners in India enshrined in
Article 21. This right applies to both the innocent and those facing charges.
• The Constitution mandates a just, fair and reasonable trial procedure.
In the case of Hussainara Khatoon v. State of Bihar, the Supreme Court highlighted the
shocking situation where a significant number of individuals, including children, were
incarcerated for extended periods while awaiting trial. The court expressed concern about the
delay in trial, especially for those who could not afford bail.
Other Rights of Prisoners in India
Prisoners have additional rights that aim to ensure their humane treatment and access to legal
aid. Here are some of the key rights of prisoners in India:
Right to Live in Humane and Good Conditions
In the case of Upendra Baxi v. State of U.P., (1983) 2 SCC 308, 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.
Right Against Custodial Violence and Death in Police Lock-ups or Encounters
Rights of prisoners in India to be protected against custodial violence, which can occur in
police custody or judicial custody.
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.
• In the case of State of Uttar Pradesh v. Ram Sagar Yadav and Ors, a farmer who
refused to pay a bribe to a local police constable died under suspicious circumstances
within six hours of detention. The Supreme Court convicted the accused individuals
involved in the case.
Right Against Solitary Confinement, Handcuffing and Bar Fetters
• Solitary confinement refers to the complete isolation of a prisoner, segregating them
from all human contact, with limited access to the open air and this can only be at the
discretion of jail authorities. The maximum duration for solitary confinement is three
months.
Right to Reasonable Wages in Prison
• Section 53 of the Indian Penal Code allows prisoners sentenced to rigorous
imprisonment to be assigned work; however, it does not mandate that such work must
be unpaid.
 • If a person, whether free or a prisoner, provides labour or services for remuneration that
is less than the minimum wage, the work falls within the scope of “forced labour” under
Article 23 of the Constitution.
Right to 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.
Right to Be Informed About Legal Rights
• Prisoners have the right to be informed upon admission about their legal rights to
appeal, revision or review in cases of conviction or sentence.
• They also have the right to receive all court documents necessary for initiating an
appeal, revision or review of their sentence or conviction.
Right to Communication
• Prisoners have the right to communicate with the outside world.
• They have the right to periodic interviews or meetings with their lawyers to ensure
efficient legal representation.
• They are entitled to receive information about the outside world through
communication media.
Right to Be Examined by Mental Health Professionals
• The Supreme Court has ruled that death row inmates are entitled to be interviewed by
mental healthcare professionals.
Right to Receive Books and Magazines Inside the Jail
• Prisoners have the right to receive books and magazines while in jail unless a particular
book is determined to be unsuitable by the jail authority.
Rights of the Prisoners under the Criminal Procedure Code (Cr.P.C)
Right of the Prisoner to Be Informed of Arrest and Bail (Section 50)
Every arrested person has the right to be informed of the grounds for their arrest and their right
to seek bail.
Right of the Prisoner to Be Defended by a Lawyer (Section 303 and Section 304)
Section 303 of the Code of Criminal Procedure (CrPC) empowers prisoners to be defended by
a lawyer of their choice.
Section 304 of the CrPC provides that in certain cases, legal aid is to be provided at the state’s
expense.
Right to Speedy Trial (Section 309(1))
Section 309(1) of the CrPC provides that in every inquiry or trial, the proceedings shall be held
as expeditiously as possible.
Right to Medical Examination (Section 54)
Section 54 of the CrPC provides for the examination of the body of an arrested person by a
registered medical practitioner at the request of the arrested person in case of torture and
maltreatment in lockups.
Right to Be Present Before the Magistrate Without Delay (Sections 57 and 76)
It is the right of the prisoner to be physically produced before the court at the time of hearing
their case without procedural delay.
Right to Be Present During Trial (Section 273)
Section 273 of the CrPC provides that all evidence and statements must be recorded in the
presence of the accused or their lawyer.
Right to Be Released on Probation of Good Conduct on or After Admonition (Section
360)
The court may direct the release of the prisoner on probation after observing their good
behaviour in certain cases.
This includes cases where a person above 21 years of age is convicted of an offence punishable
with a fine or imprisonment for up to 7 years
Right to Be Released on Bail Even If the Prisoner Does Not Have Means (Section 436
CrPC)
Section 436 of the CrPC mandates the release of an indigent or poor person on bail without the
requirement of surety.
It allows the person to execute a bond to appear before the court without asking for any surety.
The principle is that bail, rather than jail, is the rule and depriving a person of liberty is the last
resort.
Conclusion
The rights of prisoners in India are enshrined in both the Constitution and the Code of Criminal
Procedure. These rights include the right to be treated with dignity, access to legal
representation, a speedy trial, medical examination to prevent torture, and the right to be present
during trial proceedings.
6) VICTIM COMPENSATION SCHEMES
INTRODUCTION
Victim compensation was a unique concept formulated by the Indian Judiciary in order to
secure justice. The modern concept of justice has shown immense concern by providing relief
mechanisms to compensate victims. Hence, provisions and legislations catering to victim
compensation have been evolving ever since the formulation of the Indian Constitution.
The genesis of rights of the victims started fostering during the last few decades following the
UN Declaration of Basic Principles of Crime and Abuse of Power, 1985.
One primary aspect to reassure and assist the victim would be compensating for the damage
caused, this was considered as an essential proponent of ‘Right to life’ under Article 21 of the
Indian Constitution.
Who Is a Victim?
Victim is explicitly defined in clause (wa) of section 2 by the CrPC (Amendment) Act, 2008.
To grant specific rights to the victims’ guardians and legal heirs, this section introduces a
definition of a victim.
A person who has been wounded, hurt or died due to a crime, accident, or other circumstance
or action is referred to as the victim. He is the one who has suffered any damages as a result of
the conduct or omission that the defendant is accused of. For this Code, the term “victim” also
refers to a person’s guardian and legal heirs.
Victimization:
1. There is a large body of evidence that demonstrates a close relationship between
offending and victimization. One reason for this is that some kinds of crime arise out
of mutual interactions between people, to the extent that victims and offenders are
almost interchangeable.
2. The clearest example would be fights in and around pubs on a Saturday night.
Even where crimes do not arise immediately out of interpersonal interactions, people
often tend to commit offences on others within their social circle, because these people
are most accessible to them, or because they are paying off an old score.
3. This way we can say that victimization is the relation between victim and the
accuse, there is no exact definition available on it. There is different theory of
victimization which are as follow: -
(a) Primary Victimization.
(b) Secondary Victimization. (Post Crime Victimization).
(c) Re- Victimization. (Repeatedly became the Victim).
(d) Self-Victimization. (Variety of Reason to Justify Abuse).
Victimology:
1. Victimology is the scientific study of victimization, which include the
relationship between victim and the accuse. Justice J.N.Bhatt has defined Victimology:
victimology is a science of suffering and resultant compensation.
2. The dictionary meaning of victimology is as follow:
The study of the victims of crime and the psychological effects on them of their experience.
The possession of an outlook, arising from real or imagined victimization, that seems to glorify
and indulge the state of being a victim.
3. As it is mentioned in the meaning itself that it is psychology of the victim but it
directly related to the behavior of the offender or the accuse. The theory of victimology
deals with this aspect very well.
Provisions For Victims in Indian Criminal Laws:
After years of debates and discussions some of the provisions of international community of
1985 were recognized when the UN Declaration was adopted by the General Assembly.

In general, a victim's rights can be classified in to following classes:

1. Right to be treated with self-respect
2. Right to notification.
3. Right to be present.
4. Right to be heard.
5. Right to rational protection from terrorization and injury.
6. Right to restitution.
7. Right to information.
8. Right to compensation especially for crimes of violent nature.
9. Right to speedy proceedings
10. Rights to privacy

7) RIGHTS OF VICTIMS
Constitution of India, Indian Evidence Act and the Code of Criminal Procedure, 1973
The Indian Constitution and the Code of Criminal Procedure, 1973 prescribe various rights for
victims.
• As per Article 39A, the State offers free legal assistance and a guarantee for promoting
justice on the grounds of equal opportunity. By compelling the State to compensate
victims of criminal violence, Article 21 ensures against unfair deprivation of life and
liberty.
• A Public Prosecutor appointed by the state represents the victim. Moreover, in 2008,
an amendment was made to Section 24 (8) of the CrPC. As per the amendment, the
victim was allowed to choose an advocate to assist the public prosecutor. Though the
Code identifies a few rights that favour the victims, they are not as effective as those of
the accused.
• Other rights include the right to file an FIR (First Information Report).
• According to Section 25 of the Indian Evidence Act, no confession made to a police
officer shall be proved against a person accused of any offence.
• In a criminal case, after the judgment is pronounced, the victim’s role ceases to exist.
However, after pronouncing the judgment, the victims should be offered some rights to
ensure complete justice, such as the right to compensation.
• According to Section 357(3) of CrPC, the court has the right to grant compensation to
the victim for any loss or injury suffered by him, even in cases where a fine has not
been levied upon the accused.
Harikishan & State of Haryana v. Sukhbir Singh, it was observed by the Supreme Court of
India that courts in India rarely make use of section 357 of the CrPC to grant compensation to
victims of crime.
• Thus, the legislature inserted a provision in section 372 of the Code through the
Amendment Act of 2008, keeping in mind the recommendations given by the Malimath
Committee and the Law Commission empowering victims with the right to appeal.
UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
In 1985, the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power reaffirmed the importance of the protection of crime victims in international law. It has
recognized the following major rights of victims:
1. Right to Attend Proceedings
During criminal proceedings, the victims and their families are entitled to attend the
proceedings. This right to attend proceedings includes the right to attend trial, sentencing,
parole hearing of the offender etc.
Right to Compensation
To reimburse victims for their expenses relating to the crime, victim compensation is designed
by the government.
Right to be Heard
Generally, according to the law, the statements provided by the victim may be oral or written.
However, in some states, such statements can be submitted in the form of videotape, audiotape,
or other electronic means.
Right to Information
• General information of interest to victims should be provided by the criminal justice
system. It includes information on the right to attend a proceeding, submit a victim
impact statement, sue the offender for money damages in the civil justice system, file
for a protection order, and collect witness fees for their testimony, among others.

Right to Restitution
• Restitution refers to the restoration of the harm caused by the defendant. Courts have
the authority to order restitution from convicted offenders as part of their sentences
Right to the Expeditious Return of Personal Property
• Sometimes, a victim of a crime may suffer the loss of property. This loss can either be
due to theft or the seizure of property by the police. Generally, the property seized is
returned to its rightful owner when it is no longer required as evidence in criminal
prosecution.
Right to a Speedy Trial
• This right is provided by many jurisdictions to crime victims. Moreover, some specific
cases are given priority as compared to others due to their facts and circumstances by
several jurisdictions. Such priority cases can be cases involving children or vulnerable
elderly victims.
Right to Privacy
• Victims have the right to protect their privacy such as name, address, phone number
etc. In addition, particular communications, such as conversations between husband-
wife, doctor-patient, attorney-client etc. are safeguarded from judicial disclosure.
Protection of Women from Domestic Violence Act, 2005
• This Act protects the victim from domestic violence and prohibits the accused from
denying the victim continued access to resources or facilities which the victim is
entitled to use or enjoy under the domestic relationship, including access to the shared
household.
• The victims can obtain a protection order, a monetary relief order, a custody order, a
residence order, a compensation order etc.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
• This Act was introduced to prevent atrocities against the members of the scheduled
castes and scheduled tribes. Under this Act, compensation to victims is mandatory,
besides several other reliefs depending on the type of atrocity faced by the victims.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
• This Act has been adopted to eradicate the growing problem of elder abuse and
victimisation prevalent in many countries, including India. Under the provisions of this
law, children or legal adult heirs are required to maintain their parents or senior citizens
above the age of 60 who are unable to utilise their earnings to live a normal life.
• The Tribunal may issue an order to the children or legal heirs asking them to give a
monthly maintenance allowance in case the children or legal heirs fail or refuse to retain
the elderly citizen.

National Commission for Protection of Child Rights

• Article 21-A of the Constitution provides that the State shall grant free and obligatory
education in the form that the State may determine by law to all children aged 6-14
years.
Conclusion
Several rights have been enacted to empower victims. However, the victims have to go through
many struggles and hardships including long and cumbersome proceedings and the fear of
victimization by the people. As a result, the Indian criminal justice system has become a
channel of social control by the state by taking over the right to prosecute the accused without
the victim.
COMPENSATION TO VICTIMS IN CONSTITUTION
There are no specific provisions for compensation to victims of crime in the Constitution of
India, however, its essence can be extracted from various provisions, which are as follows:
• Article-41: It states that the state shall, within its economic capacity, make effective
provisions for securing assistance in cases of disablement and undeserved want.
• Article-51A: It states that it is the fundamental duty of every citizen of India to have
compassion for living creatures and to develop humanism and the spirit of reform.
• Article-21: The victim's right to compensation has been included as a fundamental right under
Article-21 by the Hon'ble courts.
COMPENSATION TO VICTIMS OF CRIME UNDER CrPC, 1973:
• Section-357: It deals with the power of the court to order compensation to the victim of a
crime. The court may order the offender to pay compensation to the victim as part of the
sentence, in addition to any other punishment. The court may also order the compensation to
be paid out of any fine imposed on the offender. However, this section had certain limitations
that hindered the full realization of the right of a victim to get compensation. Therefore, an
amendment in the Code was required.
Section 357A: Victim Compensation Scheme
Under the CrPC (Amendment) Act, 2008, the newly introduced section 357A requires the
collaboration of both the state and central governments to establish a “Victim Compensation
Scheme.”
Section 357B: Compensation to Be in Addition to Fine Under Section 326A or Section
376D of Indian Penal Code
According to the guidelines in this section, in addition to any penalties imposed on the victim
under sections 326A or 376D of the Indian Penal Code, the State Government or the District
Legal Services Authority must provide the victim compensation under section 357A of the
CrPC.
Section 357C: Treatment of Victims
• This section tries to provide first aid care for crime victims. The Justice J.S. Verma
Committee’s recommendations now include this new part.
• According to the provisions of this section, regardless of whether the hospital is run by
the Central Government or the State Government, all public or private hospitals are
required to provide first-aid or medical treatment for victims of any offence covered by
sections 326A, 376, 376A, 376B, 376C, and 376E of the Indian Penal Code. The
hospital where the victim is treated is responsible for immediately reporting the
occurrence to the authorities.
Section 358: Compensation to Persons Groundlessly Arrested
By this section, the Magistrate may grant compensation to a person unlawfully detained
following a complaint that led to the detention without a valid justification. According to
section 358 of the CrPC, the Magistrate may award damages up to one thousand rupees. The
Magistrate may decide on the compensation given under this provision to make up for the time
and money the person who was wrongfully detained lost.
The two prerequisites listed below must be met for this section to be applied:
• A police officer must have been prompted to arrest by one individual.
• The Magistrate who hears the case against the arrested individual must believe there
was insufficient justification for the arrest.
By section 358(2) of the CrPC, the Magistrate may grant each person arrested in response to
the complaint above compensation of up to one thousand rupees or as he deems appropriate.
According to section 358(3) of the CrPC, the compensation granted under this section may be
recovered as if it were fine. If the person obliged to pay fails to do so, he will get a sentence of
simple imprisonment for a duration that does not exceed 30 days.
Section 372: No Appeal to Lie Unless Otherwise Provided
According to the proviso, the victim can appeal a criminal court’s decision to release the
accused, convict him of a lesser crime, or impose insufficient reparations.
COMPENSATION TO VICTIMS OF CRIME UNDER SPECIAL LAWS:
• Probation of Offenders Act, 1958: Section-5 of this Act incorporates the idea of
compensation and lays down that while directing the release of an offender on probation for
good conduct, the Court may order such person for payment of compensation to the
complainant/victim, for the loss or injury caused by his act.
• Motor Vehicles Act, 1988: This Act embodies the idea of compensatory jurisprudence for
the benefit of victims of motor vehicle accidents. It obliges the owner of the vehicle to pay a
specific sum of compensation if his negligent act has culminated in the death or permanent
disablement of a person. Specific provision for such compensation has been included in the
Act.
• The Protection of Women from Domestic Violence Act,2005: Section-22 of this Act
empowers the Magistrate to direct the payment of compensation and damages for physical and
mental injuries caused by domestic violence. This provision acknowledges the harm inflicted
upon the victim and provides a mechanism for getting financial redress.
• The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Under this Act, compensation to victim of caste-based atrocities is mandatory, apart from
several other reliefs which depend upon the condition and kind of atrocity caused. Monetary
compensation is determined according to the severity of the offence.
CENTRAL GOVERNMENT SCHEME FOR VICTIM COMPENSATION:
• Central Victim Compensation Fund: The government introduced this scheme in 2016, with
an initial corpus of Rs. 200 Crores, to support and supplement the existing Victim
Compensation Schemes notified by various states and to effectively implement such schemes
notified under Section-357A of CrPC.
ROLE OF JUDICIARY IN STRENGTHENING THE VICTIM'S RIGHT TO
COMPENSATION
The judiciary has played a pivotal role in reinforcing the statutory provision as well as setting
precedents to award compensation to victims of crime.
Rudul Sah v. State of Bihar (AIR 1983 SC 1086) - This case brought about a revolutionary
breakthrough in human rights jurisprudence by granting monetary compensation to an
unfortunate victim of State lawlessness on the part of the Bihar Government for keeping him
in illegal detention for over 14 years after his acquittal of a murder charge.
Ankush Shivaji Gaikwad v. State of Maharashtra (2013 SCC 770) - In this case, the apex
court made it mandatory for trial courts to consider grant of interim compensation to victims
of crime.
MC Mehta v. UOI (AIR 1987 SC 965) - In this case the SC held that the power under Art. 32
is not only confined to preventive measures when fundamental rights are threatened to be
violated, but also extends to remedial measures including, grant of monetary compensation
when the rights are already violated.
Suresh v. State of Haryana (2015 SCC 227) - In this case, it was held that it is the duty of
courts, on taking cognizance of a criminal offence, to assess whether the victim of the crime
needs immediate financial relief.
CONCLUSION
The role of the victim in the Indian Criminal Justice system is followed by the common law
tradition that was limited to that of a witness in the prosecution of an offence. The reason for
this was the negative perception of the victim as a person who suffered harm, both physical or
mental injury, emotional suffering, economic loss or considerable damage of their fundamental
rights.
8) PENOLOGY -KINDS SCOPE
Introduction
Penology is a multi-disciplinary subject that aims for the study and evaluation of the application
of penal laws onto the wrongdoers. It broadly explains the justification, characteristics, and
effectiveness of punishment in its various forms. In other words, it is a systematic study of
different facets of punishment and its impact on crimes, criminals, and society.
Meaning
Penology is the scientific study of the punishment and rehabilitation of criminals. It is a
multidisciplinary field that includes sociology, psychology, criminology, and law.
Penologists study the nature of the crime, the effects of punishment on offenders, and
alternative forms of punishment and rehabilitation.
Definition:
Penology is a branch of criminology focusing on theories of punishment and their impact on
individuals and society.
Derived from Latin, “pena” (punishment) and “logos” (study), reflecting its nature as the study
of punishment.
Origin
Coined by French criminologist Auguste Forel in 1885 in his book “Penology: The Science of
Crime and Punishment.
Penology owes its origin to Cesare Beccaria, the classical school of criminology. This Italian
criminologist argued that justification of punishment must be to deter potential criminals, and
not merely to punish the offender. Later, it was during the end of the 19th century that different
theories of punishment were propounded focusing on the aims and objectives of the
punishment.
Purpose
• The aim to rehabilitate prisoners and reduce crime rates through the study of criminal
justice systems.
• Examines the effects of punishment on both offenders and society.
Scope of Penology
The scope of penology is vast and hence it becomes difficult to define the same. Penology is
almost seen in every aspect and type of punishment for the crimes and offences. To limit the
scope, we have to study basically all the aspects of penology, where all the things are explained
in their wider senses.
Modern penologists lay greater emphasis on the rationalism of punishment
Adopting a similar approach to penology, the Supreme Court in Santa Singh v. State of
Punjab, observed that “penology regards crime and criminal as equally material when the
sentence has to be awarded.
Kinds
Penology can be classified as follows:
• Administrative or applied penology.
• Scientific Penology.
• Academic Penology.
• Analytical Penology
(1) Administrative or Applied Penology. This branch of penology is concerned with
administration. It aims to solve the problems in the enforcement of the punishment and
institutional treatment of the offenders as prevalent in different legal systems.
(2) Scientific Penology. This branch of penology is concerned with the problems in
treatment of offenders. The personality of the offenders and not the offences are subject-matter
of investigation. The cause and effect are assumed to be in determinable relation.
(3) Academic Penology. Academic penology is concerned with the theoretical knowledge of
punishment and treatment of criminals. The teaching and research are the areas of it.
(4) Analytical Penology. This branch of penology is concerned with the investigation and
analysis of penal and correction system. Its aim is to ascertain objectively the adequacy of penal
system and to suggest the improvements in it.
Application of Penology in Criminal Administration System
• Theories of the purposes of the Punishment
• Contemporary penology concerns itself mainly with criminal rehabilitation and prison
management
• Penology covers Research on social consequences of Punishment
• Penology stands for the policy of inflicting punishment on the offender for his
wrongdoing but now has covered to include alternatives to imprisonment such as
probation, rehabilitation.
• Penology helps in establishing and managing the institution of reform, probation, and
correction
• Helps us to understand why crimes are committed and how crimes can be reduced.
Importance of Penology
Penology is the study of the punishment and rehabilitation of criminals. It is important to study
penology because it can help us understand how to best rehabilitate criminals and prevent
crime.

➦ Penology is also important because it can help us understand why people commit crimes
and what solutions might be available to reduce crime.

➦ It is a vital part of the criminal justice system, as it helps to ensure that criminals are punished
for their crimes and that they are allowed to rehabilitate and become law-abiding citizens.

➦ Penology is also important to deter crime, as potential criminals will be aware that they will
face punishment if they are caught.

➦ There are many different aspects of penology, such as sentencing, parole, and rehabilitation,
and it is important to have a system that considers all of these factors.

➦ Penology is the study of punishment about crime and the criminal justice system. Its
importance can be seen in various aspects of society, law enforcement, and criminal justice
Modern Penology
The field of modern penology focuses on the punishment and rehabilitation of offenders in the
criminal justice system.

➦ There are many theories, policies, and practices that aim to achieve punishment, deterrence,
rehabilitation, and societal protection.

➦ Over the years, modern penology has evolved significantly, moving away from purely
punitive approaches.
Difference Between Penology and Criminology:
• Penology and criminology are distinct fields of study within the criminal justice system,
focusing on different aspects of the criminal justice system and criminal behaviour.
• Criminology is the scientific study of crime, criminals, and behaviour, examining
causes, consequences, patterns, and trends. It also studies social, psychological, and
 environmental factors contributing to criminal behaviour. Penology, on the other hand,
focuses on punishment and the penal system, including incarceration, rehabilitation
programs, and prison administration.
• Criminologists aim to understand the underlying causes of crime and develop strategies
to prevent and control criminal behaviour, while penologists focus on punishment as a
means of deterring crime, rehabilitating offenders, and protecting society.
1. Punishment in the Past Vague
a) Capital Punishments
• Stoning
• Pillory
• Construct into Wall
• Throw under the Leg of Elephant
b) Corporeal Punishment
• Flogging
• Mutilation
• Branding
• Ducking Stool
• Bilboes
• Rack (Pulling after tiding the hands and legs)
• Tied the offender on Roaming Wheel
• Pressured by Iron Rods
• Imprisonment
c) Social Banishment
• Banishment
• Social Boycott
d) Financial Punishment (Fine)
9) WHITE COLLAR CRIME

Introduction
White collar crimes are those crimes which are committed by high professionals, in their
occupation, exploit social, economic and technical power for personal and corporate gain.
White-collar crime is a very broad concept and includes many types of non-violent offences
like fraud and illegal financial transactions. White-collar crimes are crimes that are done by the
most elite people in their usual work. A few examples of white-collar crimes of a better
understanding are fraud, counterfeiting, embezzlement, tax evasion etc.

Meaning
White collar crime are the crimes committed by someone of high status throughout the course
of his occupation. It’s against the law committed by well skilled or a business person who are
sometimes involves a sort of monetary thievery or fraud.
Definition
Sutherland defines white-collar crime as: “a crime committed by a person of respectability and
high social status in the course of his occupation”.
National Crime Record Bureau of India in it defines white-collar crime as including criminal
breach of trust, cheating, counterfeiting, corruption, and all other organized\economic crimes.

Reason for growth of white-collar crime

1. Lack of Strict Enforcement: Weak enforcement of laws and regulations allows
individuals to engage in white-collar crimes without fear of significant consequences.
2. Corruption: Rampant corruption in various sectors creates an environment conducive
to white-collar crimes as individuals may resort to unethical practices for personal gain.
3. Complex Regulatory Environment: Complicated regulations can be exploited by
individuals who manipulate loopholes for fraudulent activities.
4. Lack of Awareness: Many people may not fully understand the implications of white-
collar crimes, making them more susceptible to engaging in such activities.
5. Pressure to Succeed: In a competitive environment, individuals may feel pressured to
achieve success at any cost, leading them to commit white-collar crimes.
6. Technological Advancements: Advancements in technology provide new avenues for
committing financial crimes, such as cyber fraud and identity theft.
7. Inadequate Punishment: Lenient punishments or delays in legal proceedings can
embolden individuals to continue engaging in white-collar crimes.
8. Greed: The desire for wealth and material possessions can drive individuals to
participate in fraudulent schemes and financial misconduct.
9. Lack of Ethical Values: A lack of emphasis on ethical behavior in business practices
can lead individuals to prioritize personal gain over integrity.
10. Social Acceptance: In some cases, white-collar crimes may be normalized or socially
accepted within certain circles, making it easier for individuals to justify their actions.

Types of White-Collar Crimes:

White-collar crimes have many forms, they come in different categories, with different
characteristics and impacts.
Bank Fraud: - Fraud is a crime committed with an intention to deceive and gain undue
advantage. Bank Fraud is a fraud committed on the banks. It is committed by the fraudulent
companies by making fake representations. It is also related to the manipulation of the
negotiable instruments like cheque bouncing, securities, bank deposits etc.

Bribery: - Bribery is also a very common type of white-collar crime. By bribery we mean
giving money or some goods to the person at a high position in return of a favor. In simple
words bribery is when one man gives money to the other which is in authority.
Embezzlement: Misappropriating or stealing funds or assets entrusted to one’s care, often by
an employee or someone in a position of trust.
Money Laundering: Money laundering is a crime in which the criminals disguise the identity
of the money. In this crime, criminals try to hide the original ownership of the money and the
place where they obtained that money by illegal means. In simple words money laundering
means to show the illegitimate money as legal money.
Insider Trading: Buying or selling stocks based on non-public, material information about a
company, which can lead to unfair advantages and illegal profits.
Cybercrime: Committing crimes using a computer or the internet, such as hacking, phishing,
identity theft, or spreading malware for financial gain.
Forgery: Creating fake documents or altering existing ones with the intent to deceive for
financial gain.
Tax Evasion: In simple words it means to hide the money obtained from the illegal means in
order to reduce one’s liability to pay tax and to show low income to the tax authorities. Tax
evasion has a negative impact on the social values as it demoralized honest tax payers and they
might also want to do tax evasion also it gives economy power in the hand of few undeserving
people.
Securities Fraud: Deceiving investors or manipulating financial markets through false
information about securities trading.
Ponzi Schemes: Fraudulent investment schemes that promise high returns to early investors
using the capital of new investors rather than legitimate profits.
Corruption: Abuse of power for personal gain, often involving public officials engaging in
dishonest or illegal activities.
Identity Theft: Identity theft is one of the easiest types of crime these days. Due to
advancement of technology, it is very easy to access personal information of anyone.

White Collar Crime in Different Professions:

In Medical and Health:
• Making of false medical certificates by the doctors.
• Fake and intended prolong the treatment in order to increases the bills.
• Sex discrimination of the child by the doctors on the compulsion of the patient to gain
money.
• Delaying of time by doctors to increase the amount of money in the bills.
• Sale of sample medicines which are not allowed to the chemists.
In Legal Profession:
• Fabrication of forged documents.
• Threatening the witnesses of the other party.
• Violation of ethical standard of legal profession to gain money.
In Education:
• Collecting huge sums of money in the name of donations by students in order to give
them admission
• Merit based admission is replaced by donations.
• Collect huge amount of money in the name of government grants.

Effects of White-Collar Crimes:

White-collar crimes can impact its victims in various ways. They can cause heavy losses for
companies forcing them to increase product prices, laying off employees or deducting salaries
in order to recover. This in turn affects the end users and the nation's economy. With rising
cases of white-collar crimes, consumers have started having trust issues on the authenticity and
safety of the products or services they tend to use which has a negative impact on market
demand.
White-collar crimes can affect the victims mentally and psychologically, making them feel
helpless, causing suicidal tendencies as many of them incur unbearable losses. These crimes
shake the very roots of the economy on which a country is surviving.

Legislations Against the White-Collar Crime In India:

There are various laws that govern and keep a check on the white-collar crimes in crimes in
the country. Some important statutes have been introduced to curb white-collar offences. Some
of the important ones are as follows:
1. The Indian Penal Code, 1860 (IPC):
Section 405 deals with criminal breach of trust, which is a common white-collar crime where
a person entrusted with property misappropriates it.
2. The Prevention of Corruption Act, 1988:
Section 7 deals with public servants taking gratification other than legal remuneration for
performing their duties improperly.
3. The Companies Act, 2013:
Section 447 pertains to punishment for fraud, which includes activities like falsification of
accounts or financial statements.
4. The Benami Transactions (Prohibition) Act, 1988:
This Act prohibits benami transactions, where property is held by one person but paid for by
another.
5. The Securities and Exchange Board of India (SEBI) Act, 1992:
This Act regulates the securities market and aims to prevent insider trading and other
fraudulent practices.
6. The Foreign Exchange Management Act, 1999 (FEMA):
FEMA deals with foreign exchange violations and money laundering offenses.
7. The Prevention of Money Laundering Act, 2002 (PMLA):
PMLA aims to prevent money laundering and provides for the confiscation of property derived
from money laundering.
8. The Competition Act, 2002:
This Act deals with anti-competitive agreements, abuse of dominant position, and regulation
of combinations that may have an adverse effect on competition in India.
9. The Information Technology Act, 2000:
This Act deals with cybercrimes such as hacking, data theft, and electronic fraud.
10. The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax
Act, 2015:
This Act targets undisclosed foreign income and assets held abroad.
Remedial Measures
➢ The purpose of Punishment is to reform the criminal and not to let the criminal commit
the crime again. Thus, the law must not be lenient and must provide harsh punishment.
➢ The penalty along with the sentencing must be increased so that people (criminals) can
be reformed.
➢ The need is to create public awareness against these crimes with the help of media,
press and other platforms.
➢ Special tribunals similar to Fast Tract courts should be constituted with the power to
award punishment with a sentence of up to 10 years.
➢ A separate chapter on white-collar crimes and socio-economic crimes should be
incorporated in the Indian penal code by amending it
Blue-Collar vs. White-Collar Crimes: -
• The difference between white-collar crime and blue-collar crime stems from the
different types of criminal activity that the criminal has access to engage in.
• Blue-collar crime, because of the more limited means of the people committing it, tends
to be more straight-on – robbery, burglary, etc. In contrast, white-collar criminals are
more often in a position – such as being a loan officer in a bank – to commit widespread
and complex fraud schemes.
Case laws
2G Spectrum Scam
The 2G Spectrum Scam, also known as the “Commonwealth Scam,” was a major corruption
case involving the allocation of 2G spectrum licenses by the Department of
Telecommunications in 2008. The case led to the cancellation of 122 2G licenses and resulted
in the conviction of several high-profile politicians and businessmen, including former telecom
minister A. Raja.
Satyam Computer Services Ltd. Scam

The Satyam Computer Services Ltd. scam, also known as the “Biggest Corporate Fraud in
India,” was a landmark case involving the manipulation of accounts and assets by the
company’s founder, Ramalinga Raju. The scam came to light in 2009, when Raju admitted to
inflating the company’s revenue and falsifying its balance sheet. The case led to significant
changes in corporate governance and regulatory frameworks in India.

Conclusion
White collar crimes are the crimes which cause a harm to the economy of the country as a
whole. It threatens the country economy by bank frauds, economic thefts, evasion of tax etc. It
not only affects the financial status of a country or a person but it has also a negative impact
on the society. The various crimes such as bribery, corruption, money laundering has affected
society in a negative way.

10) CORRUPTION

Introduction

Corruption is a worldwide phenomenon and is always been a serious issue since the ancient
time. It not only blocks the path of approaching justice and the rule of law but also so much
prevalent in the Government system that it lessens the effectiveness of other government
institutions as well. Though several legislative measures have been taken to combat corruption
but due to serious lack of sincerity it is failing to achieve the respective goals

The corruption has a wide impact on the structure of the society and the general public at large.
In a sense, it obstructs the improvement and ventures of any nation3 and has a power to destroy
the economy through its gradual process.

Meaning and definition:

The word corruption means destroying, ruining, or spoiling a society or a nation. It is

characterised by lack of fear, honesty, and respect for the law. It is basically misuse of powers
for personal gains. Corruption comes under many different practices like bribery, fraud,
extortion, embezzlement, misuse of power by public officers, politicians, or bureaucrats etc

Black Law Dictionary defines "Corruption" as "the act of an official or fiduciary person who
unlawfully and wrongfully uses his station or character to procure some benefit for himself or
for another person, contrary to duty and the rights of others."

Types of corruption:

• Petty, Administrative, or Bureaucratic Corruption

• Grand Corruption
• Systematic corruption
Reasons Behind Corruption in India?

Lack of Transparency: A lack of transparency in government processes, decision-making,

and public administration provides fertile ground for corrupt practices. When actions and
decisions are shielded from public scrutiny, officials may engage in corrupt activities with
reduced fear of exposure.

Weak Institutions and ineffective legal frameworks: Many of India's institutions responsible
for enforcing laws and regulations are either weak or compromised. This includes law
enforcement agencies, the judiciary, and oversight bodies. Weak institutions can fail to hold
corrupt individuals accountable and may even facilitate corruption.

Low Salaries and Incentives: Public officials, especially those in lower-ranking positions, are
sometimes paid low salaries. This can make them more susceptible to bribery and other corrupt
practices, as they may see corruption as a means to supplement their income.

Bureaucratic Red Tape: Lengthy and convoluted bureaucratic procedures and excessive
regulations can drive individuals and businesses to engage in corrupt practices to expedite
processes or bypass obstacles.

Political Interference: Political interference in administrative matters can compromise the

autonomy of government institutions. Political leaders may pressure officials to engage in
corrupt activities for personal or party gain.

Cultural Factors: There can be a cultural acceptance of corrupt behaviour in certain contexts,
which perpetuates corruption. The notion that "everyone does it" can lead individuals to engage
in corruption without feeling morally compromised.

Social Inequality: Social and economic disparities can contribute to corruption, as individuals
with wealth and power may use their influence to secure preferential treatment and engage in
corrupt practices without repercussions.

Impact of Corruption

On People and Public Life:

▪ Lack of Quality in Services

▪ Lack of Proper Justice
▪ Poor Health and Hygiene
▪ Failure of Genuine Research

On Society:

▪ Disregard for Officials

▪ Lack of Respect for Government
 ▪ Lack of Faith and Trust in Governments
▪ Aversion for Joining the Posts Linked to Corruption

On Economy:

• A Decrease in Foreign Investment

• Delay in Growth
• Lack of Development

Consequences of corruption:

The following are some of the consequences of corruption:

• Economic Development: Some robust statistical evidence has now been furnished
showing that higher corruption is associated with: Higher (and more costly) public
investment, lower government revenue, lower expenditures on operations and
maintenance, ensuring lower quality of public infrastructure. The evidence also shows
that corruption increases public investment by making it more expensive, while
reducing its productivity.
• Loss of national wealth.
• Hindrance and obstruction in development.
• Backwardness.
• Poverty.
• Authority and power wrong hands.
• Brain drains.
• Rise in terrorism and crimes.
• Rise in suicide cases.
• Psychological and social disorders.

Major Areas of corruption and its impact:

Corruption in Government Offices: - In cities and villages for the duration of India, "mafia
raj" together with municipal and different government officers, elected, politicians, judicial
officials, real property builders and law enforcement officials, gather, expand, and sell land in
illegal methods. Many nation-funded production activities in India, consisting of street
constructing, are dominated with the aid of creation mafia, which might be groupings of corrupt
public works officials, substances supplier's politicians and creation contractors.

Corruption in Politics: - Political parties gave the impression to be the most corrupt
establishments via Indians, in keeping with 2009 worldwide Corruption Barometer. The
Barometer, an international public opinion survey released by way of Transparency worldwide,
found that 58 according to cent Indian respondents recognized politicians to be the single
maximum corrupt people. 45 in step with cent of the people sampled felt that the authorities
are ineffective in addressing corruption.
Corruption in police: - Notwithstanding state prohibition against torture and custodial
misconduct by the police, torture is tremendous in police custody, that is a chief cause behind
deaths in custody. The police regularly torture harmless humans till a "confession" is acquired
to shop influential and rich offenders.

Legal and Regulatory Frameworks

o Prevention of Corruption Act, 1988 provides for penalties in relation to

corruption by public servants and also for those who are involved in the
abetment of an act of corruption.

o Prevention of Money Laundering Act, 2002 aims to prevent instances of

money laundering and prohibits use of the 'proceeds of crime' in India.

o The Companies Act, 2013 provides for corporate governance and prevention
of corruption and fraud in the corporate sector. The term 'fraud' has been given
a broad definition and is a criminal offence under the Companies Act.

o The Indian Penal Code, 1860 sets out provisions which can be interpreted to
cover bribery and fraud matters, including offences relating to criminal breach
of trust and cheating.

o The Benami Transactions (Prohibition) Act, 1988 the Act precludes the
person who acquired the property in the name of another person from claiming
it as his own.

• Regulatory Framework:

o Lokpal and Lokayuktas Act, 2013: It provides for an establishment of a

Lokpal (centre) and Lokayuktas (state).

▪ They perform the function of an "ombudsman” and inquire into

allegations of corruption against certain public functionaries and for
related matters.

o Central Vigilance Commission: Its mandate is to oversee the vigilance

administration and to advise and assist the executive in matters relating to
corruption.

o Criminal Law (Amendment) Act, 1952: The punishment specified under

Section 165 of IPC was enhanced to three years instead of the existing two
years.

▪ Amendments in 1964: The definition of ‘Public Servant’ under the IPC

was expanded. The definition of ‘criminal misconduct’ was expanded
 and possession of assets disproportionate to the known sources of
income of a public servant was made an offence.

Remedial measures to control corruption:

Corruption is a cancer, which every Indian must strive to cure. Many new leaders declare their
determination to eradicate corruption but soon they themselves become corrupt and start
amassing huge wealth.

Following measures need to be adopted to control corruption are:

• Fool proof laws should be made so that there is no room for discretion for politicians
and bureaucrats
• Value education effective and regular
• The role of the politician should be minimized.
• Application of the evolved policies should be left in the hands of an independent
commission or authority in each area of public interest.
• The decision of the commission or authority should be challenged only in the courts
• Cooperation of the people has to be obtained for successfully containing corruption.
• Cooperation of the people has to be obtained foe successfully containing corruption.
• People should have a right to recall the elected representatives if they see them
becoming indifferent to the electorate.
• Local bodies, independent of the government, like Lokpals, LokAdalats and Vigilance
commissions should be formed to provide speedy justice with low expenses.

Recommendations of the Second ARC to Tackle Corruption

The Second Administrative Reforms Commission (2nd ARC), an advisory body in India,
made several comprehensive recommendations to address the issue of corruption and improve
the integrity and efficiency of the public administration. These recommendations aim to
prevent corruption and enhance transparency and accountability in government
operations. Here are some of the key recommendations made by the 2nd ARC:

• Strengthening Anti-Corruption Measures

• Reducing Discretion
• Police Reforms
• Promoting Ethical Governance
• Public Awareness Campaigns
• E-Governance and Digitalization
• Strengthening Parliamentary Oversight

Some examples of Corruption in India:

2013 Railway Promotion Scam Infamously referred to as Rail gate, it entails former Railway
Minister Pawan Kumar Bansal and his nephew, Vijay Singhla for allegedly accepting a bribe
of Rs. 90 Lakh from a Railway Board member. The important investigative enterprise, CBI on
June four, wondered the previous Railway Minister over his involvement. Kumar, however,
has denied his involvement pronouncing Singla acted on his very own.

2002-2003 Taj Heritage Corridor Case: It an alleged rip-off wherein 2002-2003, the then
leader Minister of Uttar Pradesh Mayawati in her authorities, NasimuddinSiddiqui, have been
charged with corruption. The Taj Hall task was intended to upgrade vacationer centre near the
Taj Mahal and became to be carried out all through her tenure as leader Minister.

1996 Fodder Scam: This scam broke out in 1996 within the metropolis of Chaibasa, Bihar
whilst the animal husbandry department embezzled finances of around Rs 950 crore supposed
to buy livestock fodder, medicines, and animal husbandry device in Bihar. Leader Minister
Lalu Prasad Yadav was pressured to resign alongside former chief Minister Jagannath Mishra.

11) Compensation obtained by Person who are Groundlessly Arrested?

Ans: - Introduction: -

Mostly a person is arrested when they have done any act against law. The main aim being
arresting any person is to stop them from committing any further crime and also to take them
in Court, where the learned judge can punish them according to the crime done by them. But
what if a person is arrested wrongfully?

Then in this situation, if he is not able to give sufficient evidences to prove his innocence in
front of the Court, he will be punished for the crimes which he has not even committed. Such
persons who are arrested without any proper ground are called as persons Groundlessly
arrested.

A Groundlessly Arrested person is also considered as a victim, because he has to suffer baseless
mental agony and torture for something which he has not done. These persons get
compensation by the court of law, if they prove their innocence.

Legally: -

• Legally, groundlessly arrested persons are those persons who are arrested on the basis
of certain facts, which, the complainant or the police thinks are sufficient for causing
arrest of that person. But in reality, there are no sufficient grounds for that person to get
arrested.
• In such case compensation is provided by the court under section 358 of the Code of
Criminal Procedure, 1973. to the person with whom the wrong was committed. While,
it is up to the court to decide who should compensate the victim.
• The court can order the person who had filed the complaint with the police because of
which the person is subsequently arrested. In same way the court can also ask the police
to compensate the Victim or they can also ask the State to compensate the victim. It all
depends upon the situation which had prevailed during that time period.
 Position of Groundlessly Arrested Person: -

1. In India, the administration of Criminal Justice system is made in such way that it shows
concern for both the accused person and victim. This is done by giving them both certain
26 rights and liabilities. Both rights and liabilities. Both rights and liabilities are given to
the accuses person and the victim.

2. This is done so that both accused person and victim gets those basic human rights which
every human ought to get as per the Indian Constitution and also according to the principles
of natural justice. However, no matter how many rights the law gives to citizens of India,
if a person has committed any crime, then he is punished for it.

3. After a crime is committed, the victim usually approaches the police station for lodging
a First Information Report (FIR) against the accused person and based on that report the
police inquire the matter and then arrest that person after completing all necessary
requirements. This is a normal procedure which is followed by the police officers.

But what if the arrested person is not guilty? What if the information given to the police
officers is wrong? What if they had arrested a wrong person?

1. In all these cases the person is innocent. He is groundlessly arrested on pretext of

some misunderstanding or wrong information. Whatever be the reality, the ultimate
fact, in such situation, will be that the person is arrested and kept in jail. He will be
treated like a criminal in the police station, and by general society.
2. He will be considered as a criminal by whole society This may destroy his whole
reputation in the society. He may be shunned by the right-minded people. He may
feel shameful in front of his family. He has to appear in front of the Court to prove
his innocence.
3. For appearing into Court, he has to take help of an advocate for his representation
and for proving his innocence. All these things will consume his financial resources,
physical and mental wellbeing. Thus, even after being innocent, if a person has to
bear all these problems, then in a way he becomes a victim.
4. This is a lacuna of our system that such innocent persons have to suffer because of
loopholes in our law and that too without any proper reason. Such person has to face
endless stress and mental agony.
5. Thus, strictly in a way, this groundlessly arrested person becomes a victim. In order
to solve this problem, section 358 of the Code of Criminal Procedure, 1973 is
introduced. So that relief in form of adequate compensation maybe provided to such
victim.
Who is a Groundlessly Arrested person?

1. A groundlessly arrested person is a person who is arrested as a result of false or

insufficient complaint done by any person and, if, during hearing the case, the trial
court is of opinion that such person is arrested groundlessly by the officer, then the
court can provide compensation of Rs. 1000.
 2. In case of arrest of more than one person then the court can provide compensation to
each person separately. This provision is provided in section 358 of Code of Criminal
Procedure, 1973.

Section 358 in The Code of Criminal Procedure, 1973 says; “358. Compensation to
persons groundlessly arrested.

(1) Whenever any person causes a police officer to arrest another person, if it appears to
the Magistrate by whom the case is heard that there was no sufficient ground for
causing such arrest, the Magistrate may award such compensation, not exceeding one
hundred rupees, to
be paid by the person so causing the arrest to the person so arrested, for his loss of
time and expenses in the matter, as the Magistrate thinks fit.
(2) In such cases, if more persons than one is arrested, the Magistrate may, in like manner,
award to each of them such compensation, not exceeding one hundred rupees, as such
Magistrate thinks fit.
(3) All compensation awarded under this section may be recovered as if it were a fine,
and, if it cannot be so recovered, the person by whom it is payable shall be sentenced
to simple imprisonment for such term not exceeding thirty days as the Magistrate
directs, unless such sum is sooner paid.”
Groundlessly Arrested Person & Victim Compensation Scheme under the Code of
Criminal Procedure, 1973: -
1. Victim Compensation Scheme under Code of Criminal Procedure, 1973, is given
under n ss.357, 357A, 357 B, 357 C, 358, 359 and 250 of the Code of Criminal
Procedure, 1973. Section 358 of the Code of Criminal Procedure, 1973, is made,
specifically, with aim of protecting a groundlessly arrested person.
2. When a person is groundlessly arrested, he, in a way becomes victim, his right of
personal liberty under article 21 and move freely is unreasonably taken away from
him and he have to suffer mental and at times physical agony because of this. Section
358 of the Code of Criminal Procedure, 1973, gives power to the Court to order that
Compensation must be paid to persons who are arrested by the police.
3. “Mallappa v. Veerabasappa” Contextually the section 358 of the Code of Criminal
Procedure, 1973, does not fit into this scheme because it does not directly give
compensation to the victim of the crime. it empowers the magistrate to, Suo moto,
order compensation no exceeding Rs. 100, against a person, who, without sufficient
grounds, cause a police officer to arrest another person.
4. Thus, it can be said that this provision does not provide compensation to the victim.
But if one looks closely then they may realise that in reality the person who is arrested
groundlessly has to face a number of things. He has to undergo mental stress and
financial problems. Along with him his family also suffers.
***Thus, compensation is actually being provided to a person who arrested for a crime
which he has not even committed.

“Pramod Kumar Padhi vs Golokha”

Section 358 of the Code requires that there must be some direct proximate nexus must be
present between the informant and the arrested person.
When on the receipt of an information about the commission of cognisable offence, a
police officer investigates into the same and then decides the future course of action as to
whether the accused should be saddled with the penalty contemplated under section 358 of
the Code merely arrested or not, the informant cannot be because had set the law into
motion.

5. Similarly, before giving compensation order, the complainant must be giving a show
cause opportunity. This is the principle of natural justice. However, if the person
who is groundlessly arrested is discharged because of no evidence and if no
cognizance of the offence is taken against him or if no case is being heard against
him, then no compensation will be awarded to him under the section 358 of Code
of criminal Procedure, 1973.
6. The compensation is paid by the person who has informed police to arrest that person
wrongfully and without any sufficient cause. However, at times the police officer
who had arrested the person also have to pay compensation if he himself has arrested
him.
7. Thus, if a person has wrongfully informed police and because of the same any person
is arrested then the court can order that person to pay compensation under sec 358.
However, for applying this provision under section 358, it must be proved that there
is direct relation between the informant and the arrest which is made on the basis of
the information given by him.