Indore institute of law

Subject – penology and victimology

LLB 3rd sem
Crash course
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Ques- Describe the kinds of punishment & critically analyse capital punishment.
Ans - Introduction
Meaning of punishment
•Punishment is the process by which the State inflicts some pain to a person or property of a person
who is found guilty of a crime. Punishment is one of the oldest methods of controlling crime and
criminality. The history of the early penal system in different parts of the world reveals that the
punishments were cruel and barbaric in nature.
KINDS OF PUNISHMENT
The main purpose and object of Criminal Justice is to punish the wrongdoer
(offender) and to maintain law and order in society. It is the State which punishes the Criminal.
Punishment necessarily implies some kinds of pain inflicted upon the offender or loss caused to
him for his criminal act which may either be intended to deter him from repeating the crime or
maybe an expression of society disapprobation for his Anti Social conduct or it may also be
directed to reform and regenerate him and at the time ported the society from criminals.
Types of Punishment are as follows –
capital Punishment / Death Penalty -
• In the history of punishment, capital
punishment/death penalty has alwaysC occupied and very important place. In ancient times
and even in the middle age, sentencing of offenders to death was very common kind of
punishment. Even for what might be considered as minor offenses in Modern Times, death
penalty was imposed. Death sentence has always been used as an effective punishment for
murderers and dangerous offenders. It has both deterrent and preventive effect.
• The justification advanced in support of capital
punishment is that it is lawful to forfeit the life of a person who takes away another's life. The
killer deserves execution under this mode of punishment, legal vengeance solidifies and social
solidarity against lawbreakers and therefore it is legally justified.
The Mughal rulers in India also made use of death penalty to eliminate unwanted criminals.
They used crudest methods for execution of death sentence. However, with the British rule in
India, this inhuman and barbaric method of execution where abolished and death by hanging
remained the only mode of inflicting death sentence.
It is the most serious nature of punishment. Some countries abolished it. Capital
punishment/death penalty awarded in India is certain exceptional cases. The offenses which are
punishable with the death sentence under the Indian Penal Code.
Deportation -
Another way of punishment is the deportation of corrigible or dangerous
offenders. Deportation of criminals is also called banishment. Corrigible and hardened criminals
where generally clamored to far off places with a view to eliminating them from the
community. In England, war criminals there usually transported to distant Astro-African British
colonies.
In India, this method also known as transportation, popularly known as Kalapani. The practice
was abolished in 1995. It still persists in Mini-form popularly called as externment. The object of
externment offender is to dissociate him from his surroundings so as to reduce his capacity to
commit crime. This form of punishment has been incorporated in the penal law of India
•Corporal punishment -
Corporal punishment was very common until late 18th century. Corporal punishment
includes modulation, flogging (or whipping) and torture etc.
•Flogging –
Dictionary meaning of word flogging means, "to whip or to beat with strap/stick as punishment.
In middle ages, Whipping was the commonest form of punishment. The instruments and
methods of flogging differ from country to country.
In Russia instrument used for blogging was constructed of a number of dried and hardened
thongs was construed of rawhide, interspersed with wires having hooks in their ends, which
could enter and tear the flesh of the Criminal. It has now been discontinued being barbarous
and cruel in form. The main object of this kind of punishment is the deterrence. However,
critics. point out that this kind of punishment is not only inhuman but also ineffective. It did not
serve any useful purpose in case of hardened criminals and recidivists. However, it proved
effective in case of minor offenses like it eye- teaing , drunkenness, vagrancy etc.
In India, whipping was recognized as a mode of
punishment under the Whipping Act, 1864 which was repeated andeplaced by a similar act in
1909 and the same was abolished in the year 1955.
● Mutilation -
Mutilation is another kind of corporal punishment. It is prevalent during eminent Hindu Period.
In case of theft, one or both the hands the offender were chopped off and in case of sex
offenses, his private part was cut off. The justification advanced in support of mutilation was
that it served as an effective measure of deterrence and prevention. This mode of punishment
as well has been completely discarded being barbaric in nature This system was in practice in
England, Denmark and many other European countries as well.
•Branding –
In this type of punishment, criminals were branded with the appropriate mark on the forehead
so that they would be identified and subjected to public Ridicule. For example, if a person
found guilty of theft, the word 'theft' or 'T' it is branded on his forehead and the public would
call him theft. In England, branding was practiced till 1829. finally, it was abolished by an Act of
Parliament. In India branding was prevalent during the Mughal rule in its crudest form and was
abolished later.
Chaining-

Chaining the offenders together was also commonly used as a mode of punishment. Their
liberty and mobility was thus completely restricted. The hands and legs of criminals were tied
with iron rods and Chained together. This method is now being sparingly used in the present
prison system.
•Pillory -
Pillory was yet another form of cruel and barbaric corporal punishment. It was in
practice till 19th century. Hardened criminals and dangerous offenders were nailed in walls and
shot or stoned to death. There is no doubt that this type of punishment was more cruel and
brutal in form and therefore it has no place in the modern penal system. The system of pillory
existed slightly in the different form during the Mughal rule in India. It is still used as a mode of
punishment for sex offenders in Islamic countries which take offense against women very
seriously
•Fine and confiscation of property -
This type of punishment was imposed for offenses which were not serious in nature and
were punished with the fine. This type of punishment was especially used for offenses involving
the breach of traffic and revenue laws. It is considered as an appropriate punishment for minor
offenses and crimes related to the property. Financial penalty may either be in form of fine or
compensation or costs.
•Imprisonment -
Another form of punishment is imprisonment. Imprisonment represents a most simple and
common punishment which is used all around the world. If properly administered,
imprisonment can serve all the three objects of punishment. It may be deterrent because it
makes an example of the offender to others. It may be preventative because imprisonment
disables the offender, at least for some time, for repeating the offense. If properly used, it
might give opportunities for reformatting the character of the accused.
• Conditions of imprisonment in civilized countries
have undergone radical changes in recent decades. Alternative devices such as open jail and
prison hostel are being extensively used as the modified form of prisons for incarceration of
offenders
•Solitary Confinement -
• Another kind of punishment is solitary
confinement. This punishment may be considered as an aggravated form of imprisonment. In
this type of punishment, convicts are confined in solitary prison-cells without any contact with
their follow prisons.
• Solitary confinement which was introduced in
the United States Pennsylvanian prison in 1770 had to be replaced by the Auburn system in
1819 in which prisoners were taken out to work together in Silence. Experience had shown
that many of the prisons undergoing the sentence of solitary confinement died in prisons and
many more returned insane and those who survived turned more hostile and dangerous in
society.
● Section 73 and 74 of the Indian Penal Code lay down the limits beyond which solitary
confinement cannot be imposed in India. The total period of solitary confinement cannot
exceed 3 months in any case. It cannot exceed 14 days at a time with intervals of 14 days
in between or 7 days at a time in with 7 days interval in between
•Indeterminate Punishment - Another kind of imprisonment is indeterminate sentence. In this
case, the accusative is not sentenced to imprisonment for any fixed period. The period is left
determinant at the time of the award. When the accused show's improvement, the sentence
may be terminated.
● Stoning – The punishment of stoning is barbaric in nature. It was in practice during the
medieval period. In Islamic countries like Pakistan, Saudi Arabia offenders found guilty
of sex were punished by stoning to Death. Though this type of punishment is barbaric in
 nature due to its editor and effect, sex crimes against women are well under control of
these countries.
• Security bond
• Ostracism
• Detention
• House arrest
• Imprison for life
• What is capital punishment?
• Capital Punishment is also known as a death penalty,
execution of an offender sentenced to death after conviction of a criminal offence by a court of
law. Indian Criminal justice system is one of the important parts of capital punishment.
•Evolution of Capital Punishment in India
India retained the 1861 Penal Code at independence in 1947, which provided
for the death penalty for murder. The idea of abolishing the death penalty expressed by several
members of the Constituent Assembly during the drafting of the Indian Constitution between
1947 and 1949, but no such provision was incorporated in the Constitution. In the next two
decades, to abolish the death penalty, private members bills were introduced in both Lok Sabha
and Rajya Sabha, but none of them were adopted. It was estimated that between 1950 and
1980, there were 3000 to 4000 executions. It is more difficult to measure the number of people
sentenced to death and executed between 1980 and the mid-1990s. It is estimated that two or
three people were hanged annually.
• In the 1980 Bachan Singh judgment, the Supreme
Court ruled that the death penalty should only be used in the “rarest of rare” cases, but it is not
clear what defines the rarest of the rare.
Position in India - India opposed a UN resolution calling for a moratorium on the death penalty
because it goes against the Indian statutory legislation as well as against each country’s
sovereign right to establish its own legal system. In India, it is awarded for the most serious ,
heinous crimes. Article 21 says that no person shall be deprived of ‘right to life’ which is
promised to every citizen in India. In India, various offences such as criminal conspiracy,
murder, war against the government, abetment of mutiny, dacoity with murder, and anti-
terrorism are punishable with death sentences under Indian Penal Code (IPC). The president
has the power to grant mercy in a case of death penalty.
• Bachan Singh vs State of Punjab the Court held that
capital punishment will only be given in rarest of rare cases.
• Only the president has the power to confer mercy in
cases related to death sentences. Once a convict has been sentenced to death in a case by the
Sessions Court, it must be confirmed by the High Court. If the appeal to the Supreme Court
made by the convict fails then he may submit a ‘mercy petition’ to the President of India.
Detailed instructions on the procedure 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 to appeal to that court by such convicts shall be set out by the
Ministry of Home Affairs. Under Article 72 of the Constitution of India, the President has the
power to grant pardon, reprieves, respites or remissions of punishment or to suspend, remit or
reduce the sentence of any person who has been convicted of an offence.
 ● Hanging
All the death penalties in India are carried out by hanging. After independence, Godse was the
first person to be executed in India by the death penalty in the case of Mahatma Gandhi. India’s
Supreme Court suggested the death penalty should only be imposed on the rarest of rare cases
in India.
•Constitutional Law - Article 21 of the Constitution guarantees the right to life and personal
freedom to all, including the right to live with human dignity. The state may take away or
abridge even the right to live in the name of law and public order. But this procedure must be
“due process” as held in India’s Maneka Gandhi v. Union. The procedure that takes away a
human being’s sacrosanct life must be just, fair and reasonable. Our constitutional principle can
be stated as follows
•Only in rarest of rare cases, the death penalty should be used.
•Only on special grounds, the death penalty can be sentenced and should be treated as
exceptional punishment.
•The accused shall have the right to hear.
•In the light of individual circumstances, the sentence should be individualized.
•The death penalty shall be confirmed by the High Court. Under Article 136 of the Constitution
and under Section 379 of the Cr.P.C., there is a right to appeal to the Supreme Court.
•The accused may pray for forgiveness, commutation, etc. of sentence under Sections 433 and
434 of the Cr.P.C. and to the President or the Governors under Articles 72 and 161. Articles 72
and 161 contain, apart from the judicial power, discretionary power for the President and
governor to interfere with the merits of the matter; however, there is a limited authority for
judicial authorities to review it and it must ensure that the President or the governor has all
relevant documents and material before them.
• However, the essence of the governor’s power should
not rest on race, religion, caste or political affiliations, but on a rule of law and rational issues.
• In accordance with Articles 21 and 22 of the
Constitution, the accused has the right to a prompt and fair trial. The accused is not entitled to
be tortured under Article 21 and 22. Under Articles 21 and 19 of the Constitution, the accused
has freedom of speech and expression under custody.The accused is entitled to be presented
by duly qualified and appointed lawyers.
•Case Laws
•In Jagmohan v. State of U.P, the Supreme Court held that Articles 14, 19 and 21 did not violate
the death penalty. The judge was said to make the choice between the death penalty and life
imprisonment based on circumstances, facts, and the nature of the crime recorded during the
trial. The decision to award the death penalty was therefore made in accordance with the
procedure laid down by law as required by Article 21.
•But, in Rajendra Prasad v. State of U.P, the judge held that unless it was shown that the
criminal was dangerous to society, capital punishment would not be justified. The learned judge
pleads that the death penalty is abolished and said that it should be retained only for “white
collar crimes”. It was also held that the death penalty for the murder offence awarded pursuant
to I.P.C. Section 302 did not violate the constitution’s basic feature.
• But, in Bachchan Singh, v. State of Punjab , explained
that, in accordance with an equitable, fair, and reasonable procedure laid down by law, the
constitutional bench of the Supreme Court has recognized Article 21 the State’s right to deprive
a person of his life. In addition, there was no violation of the basic character of the Constitution
by the death penalty for the murder offence granted under Section 302 IPC.
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ques- Discuss the theories of punishment.
Ans - introduction
The immediate consequence that follows a criminal act is known as punishment. Thus,
punishment is defined as suffering, loss, pain, or any other penalty that is inflicted on a person
for the crime by the concerned authority. There are different theories of punishment in law.
Theories of Punishment
There are different kinds of punishment that a person can face. In order to understand them,
first, we need to understand the theories of the punishment. There are majorly four theories of
punishment.
• These theories are
• Deterrent theory,
• Retributive theory,
• Preventive theory, and
• Reformative theory.
•Deterrent Theory The retributive theory assumes that the punishment is
given only for the sake of it. Thus, it suggests that evil should be returned for evil without taking
into consideration any consequences. There are two theories in which this theory can be
divided further. They are specific deterrence and general deterrence.
In specific deterrence, punishment is designed such that it can educate
the criminals. Thus, this can reform the criminals that are subjected to this theory. Also, it is
maintained that the punishment reforms the criminals. This is done by creating a fear that the
punishment will be repeated.
While a general deterrence is designed to avoid future crime. So, this is
done by making an example of each defendant. Thus, it frightens the citizens to not do what
the defendant did.
•Retributive Theory
• Retribution is the most ancient justification for
punishment. This theory insists that a person deserves punishment as he has done a wrongful
deed. Also, this theory signifies that no person shall be arrested unless that person has broken
the law. Here are the conditions where a person is considered as an offender are:
• The penalty given will be equivalent to the grievance
caused by the person.Performed a crime of certain culpability.That similar persons have been
imposed for similar offenses.That the action performed was by him and he was only responsible
for it. Also, he had full knowledge of the penalty system and possible consequences.
Preventive Theory
• This theory has used a restraint that an offender if
repeats the criminal act is culpable for death, exile or imprisonment. The theory gets its
importance from the notion that society must be protected from criminals. Thus, the
punishment here is for solidarity and defense.
• The modern criminologists saw the preventive theory
from a different view. They first realized that the social and economic forces should be removed
from society. Also, one must pay attention to individuals who show anti-social behavior. This is
because of psychological and biological handicaps.
Reformative Theory
• Deterrence and retributive are examples of classical
and non-classical philosophies. The reformative theory was born out of the positive theory that
the focal point of crime is positive thinking. Thus, according to this theory, the objective of
punishment needs to be reformation by the offender.
• So, this is not a punishment virtually but rather a
rehabilitative process. Thus, this process helps in making a criminal a good citizen as much as
possible. Furthermore, it makes the citizen a meaningful citizen and an upright straight man.
• Conclusion
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Ques - Discuss the utility of open Prisons in India.
Ans - Introduction
Open prisons have relatively less stringent rules as compared to the controlled jails.
They go by many names like minimum-security prison, open air camps or prison without bars. The
fundamental rule of an open prison is that the jail has minimum security and functions on the self-
discipline of the inmates.
Every state in India has a prison law, like the Rajasthan Prisoners Rules and
Andhra Pradesh Prison Rules, 1979. Seventeen states are reported to have functional open jails with
Rajasthan having 29 such prisons, the highest that any state has.
The Rajasthan Prisoners Open Air Camp Rules, 1972 define open prison as,
“prisons without walls, bars and locks.” Inmates in Rajasthan open prisons are free to go out of the
prison after a first roll call and have to return before the allotted second roll call. The jail does not
confine them completely but requires them to earn their living to support their families, living with them
inside the jail.
The United Nations Standard Minimum Rules for the Treatment of Prisoners,
popularly known as the Nelson Mandela Rules, laid down the objectives of open prisons stating, that
such prisons provide no physical security against escape but rely on the self-discipline of the inmates,
provide the conditions most favourable to the rehabilitation of carefully selected prisoners.
The All-India Committee on Jail Reform constituted in 1980 recommended the
government to set up and develop open prisons in each state and UT similar to the Sanganer open
camp. Sanganer open camp is the largest open prison in Rajasthan and houses nearly 400 prisoners. The
Committee also stated the number of open prisons and prisoners each state has.
Who are eligible for open prisons?
Every state law defines the eligibility criteria of inmates who can be in an open prison. The principal rule
is that an inmate eligible for open air prison has to be a convict. Good conduct in prison and at least five
years spent in a controlled jail are the rules followed by the Rajasthan open prisons. The Rajasthan open
prison do not take in undertrial prisoners. The Rajasthan Prison Rules also specify the ineligibility criteria
for admission of inmates in open prison.
The All-India Committee on Jail Reform too recommended that life convicts who offer good prognosis
should be transferred to semi-open & open prisons.
Brief Analysis On Open Prison system in India
Before India got its independence Britishers were known to put Indians behind bars where they tortured
Indian freedom fighters. Even after 73rd years of independence the prison system hasn’t changed a lot.
They are still treated with inhuman activities, unsanitary living conditions in jails and are often compared
to animals; this caused many losses of lives in the prison. There are numerous cases of prison death in
India and no legal action or a proper investigation took place to know the actual cause of the death or
degrade in the health of prisons.
Unlike Lord Macaulay, Mahatma Gandhi believed in the human treatment of prisoners
rather than a deterrent one.
Article 21 which states Right To Life And Personal Liberty -
► No person shall be deprived of his life and personal liberty except according to
procedure established by law. Is guaranteed to every person under the constitution of
India. This right is given to the prisoners

The Nelson Mandela rule envisages certain rights of the prisoners such as right to
employment under article 23 and right to contact with the outside world.

This right is important as well as determining factor in the prisons because the impact of
prisons vary from person to person some people have a drastic effect in other words
negative effect on the prisoners they become threating or frustrated rather than
becoming a utilitarian member of the society.
In the recent years a new form of prison system came
into existence known as open or semi open prison system in India. Like the name suggests
prisoners are not locked up in the traditional jail settings as we have seen in real or reel life
but they are put up in settings where they are not often locked up in their cells and are
allowed to work in prison or outside prisons to earn a living.
This type of jails are for offenders who are considered low risk to people. Usually they have
committed petty offences or were present at a crime scene. This often results that the
person is charged with wrong allegations.
The purpose of the criminal justice system is both to rehabilitee and to
punish .Every person who commits a crime is deemed to punishment but this does not
mean that they have to repay it with their life thus they should be given second chance.
The concept of open prisons was first developed in the UK in the
1930”s and was based on the idea of ‘carrots’ rather than ‘sticks’ Open prisons were
developed to rehabilitate prisoners who had almost completed their sentence. In the
earliest open prisons developed in the US in the 19th century, prisoners nearing release
were sent to work as labourers to evaluate their behaviour.
Earlier imprisonment was renowned as a simple form of penal punishment but the system
of minimum security in the open prison settings were considered modern form of
punishment. Many measures has been taken to lift the insufferable condition as well as
redefined prison administration.

The subject of open prison was larly discussed in the first United Nation Congress On
 Prevention of Crime And Treatment of Offenders held in Geneva 1955. Second meeting was
held in London 1960.
► This strengthen the open prison institutions in angle-American prison system
Even our great sociologist Manu highlighted that even the hardest of the hard offenders
shouldn’t be punished indiscriminately, this can make the person more dangerous to
society. Effective and efficient measures should be taken to make them law abiding
citizens of the society.
► Advantages Of Open Prisons –
Reduces overcrowding in jails: As both the hefty as well as petty offenders are living under the
same roof this causes overcrowding. Thus, separating both has reduced the crowd.
Allowed to find employment : the prisoners in open jail settings are allowed to find employment
in and out of the prison this results boost in their confidence and give them earnings.
Operational cost is reduced: As they are in open prisons they do not required a lot of security
and people to watch over them. Self-development and socialization: they are allowed to
socialized with the outside world and can contact their family so they still be a part of the
society and don’t become a sociopath.
Conclusion –
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Ques - Who is victim? explain the rights and compensation available from law to him.
Ans – Introduction-
Meaning of victimology –
Victimology is a branch of criminology that scientifically studies the relationship between an
injured party and an offender by examining the causes and the nature of the consequent
suffering. Specifically, Victimology focuses on whether the perpetrators were complete
strangers, mere acquaintances, friends, family members, or even intimates and why a particular
person or place was targeted. Criminal victimization may inflict economic costs, physical
injuries, and psychological harm.
• Definition of victimology
• The study of the ways in which the behavior of crime victims may have led to or
contributed to their victimization.
• The claim that the problems of a person or group are the result of victimization
• Judicial interpretation of “Victimology”
• A Division Bench of Gujarat High Court in the case of AAMAD KALU ABDULLAH MAJOTHI
VS STATE OF GUJARAT defined Victimology as follows Victimology is a science of
sufferings and resultant compensation. The doctrine of victimology, has various aspects.
Victimology means the relationship between the sufferers of the crime and the author’s of
the crime, in which the victims have not contributed anything for the emergence of crime.
• Types of victimolgy - Traditionally the term “victim” has been interpreted in a general
sense as “victim of crime.” They were not associated with any particular type of crime by
the name or its nature. But in the present times, the term “victim” is often recognized
with the various types of crimes by the name of such crime such as the following -
• (i) Child Victims of sexual abuse.
• (ii) Victims of human trafficking.
• (iii) Victims of drug trafficking.
• (iv) Victims of mass violence.
• (v) Victims of economic offences.
History and growth Victimology Before we understand Victimology, we need to
appreciate that it is a new sub-field or area of specialization within criminology.
Criminology is a rather broad field of study which encompasses, within itself the study
of law making law, hearing and society reacting to law breaking. Victimology much like
criminal justice falls into this subfield referred hereinbefore. Victimology, however, does
not have its own subfield. Though, there are some theories regarding Victimology,
mentioned hereinafter. The scientific study of Victimology can be traced back to the
1940’s and 1950’s.Until then, primary focus of research and academic analysis in field of
criminology, was on criminal perpetrations and criminal acts rather than on victims of
crime.
• The fathers of Victimology are two criminologist BENJAMIN MENDELSON and VON
HENTIG. BENJAMIN MENDELSON was a Romanian attorney, whose first study on
victims was published in Belgium Criminology journal in the year 1937. This study was
based on the result of such way that he made amongst the criminals, their families and
their victims. The result of the survey convinced him that the personality of the victim
was crucial in attracting the criminal.
HANS VON HENTIG took a similar approach in his article “remark on the
Interaction of perpetrations and victim” in which he wrote that possession of money has to
do with robbery. He advanced a dynamic conception of the genesis of crime viewed from
the perspective of criminology. He initially devoted much of his energy to 16 the study of
how the victims contribute knowingly or unknowingly to their own victimization and the
potential ways, by which they may share responsibility with offender’s for specific crimes.
But the negative effects of “victim blaming” led as a crusade of the fight for rights of the
victims
Diverse views exist on the focus and place of discipline of
Victimology. While some believe that Victimology should function as an independent
area of enquiiy, others view it as a subfield of Criminology. A second issue concerns the
breadth of victim related issues to be covered in the field of Victimology. Some scholars
advocate that Victimology should limit itself to the study of victim-offender interaction.
Others argue that the needs of crime victims, functioning of the organizations and
institutions which respond to their needs, and their emerging roles and responsibility for
crime victims, are important areas of inquiry for Victimology.
Besides Penal or Criminal Victimology, where only
the crime victims were included, BENIAMIN MENDELSOHN proposed a new approach
called ‘General Victimology’, to include a wide variety of victims, as he felt that human
beings suffer from many causal factors and focusing on the criminal victimization alone
under Victimology is too narrow a perspective.
According to Mendelsohn just as medicine treats all
patients and all diseases, criminology concerns itself with all criminals and all forms of
crime. So Victimology must concern itself with all victims and all aspects of Victimology
in which, society takes an interest.
 Victimology had been alien to the Indian Criminal Justice System
till the recent past as the same is based upon the British model. Victims traditionally had
no right under the Indian Criminal Justice System. Though no separate law for the
victims exists even on date, the silver lining is that victims are no more the forgotten
man of the Indian Criminal justice system. Many National level Commissions and
Committees have strongly advocated victim’s rights and reiterated the need for a law
concerning the rights of the victims.
• Victimology in india - In the year 1984, for the first time in India, an exclusive three
day summit on Victimology was organized involving researchers, academics and law
practitioners. It was organized by department of criminology of the department of law
and criminology .of the Madras University. After 1990, the department began to offer
Victimology, as one of the courses for master’s degree in criminology.
• Compensation- The most obvious and concrete form of reparative justice is
compensation. Restitution is used interchangeably with compensation. However, it is
the reparation of the victim’s sufferings and loss, restoring the victims to his place in the
community. The object of compensation is not to give punishment for the wrong
inflicted. It is neither a reward, nor a punishment. Victim compensation, programs are
clearly directed toward the restoration of economic loss sustained by victims of violent
crimes.
• Meaning- compensation means the money which is given to compensate for loss or
injury. The whole purpose of compensation is to make good the losses sustained by the
victims or by the legal representatives of the deceased. It is counter balancing of the
victim’s sufferings and loss that result from victimization. It is a sign of responsibility for
a non-criminal purpose and end. Compensation, in criminal-victim relationships,
concerns the counter balancing the victim’s loss that results from the criminal attack. It
means making amends to him; or, perhaps it is simply compensation for the damage or
injury caused by a crime against him. As commonly understood it carries with it, the idea
of making whole, or giving an equivalent, to one party and has no relation to any
advantage to the other.We very well know that compensation is a civil remedy but to
redress the victim, it is essential to include victims in criminal laws.
• Definition - As per the Oxford dictionary,“Compensation means to provide something
good to balance or reduce the bad effect of damages, loss, injury etc ”.
• According to Cambridge dictionary , “ Compensation means, money that is paid to
someone in exchange for something that is lost or damaged or for some problem”.
• How can the compensation be sought - The compensation has to be ordered by the
court. Compensation can be sought through the procedure established by the court.
Compensation is awarded for material as well as non-material damages.
• Material damages include medical expenses, loss of livelihood, etc. Non-material
damages include pain, suffering, mental trauma, etc. In criminal cases, the victims can
directly apply for the compensation, and it is the duty of the lawyer representing the
victim to demand such compensation.
• Laws governing compensation of victims of crime in India - The provisions
relating to compensation to victims of crime are contained in sections 357, 357(1), 357
 (2), 357 (3), 357A, 358, 359 and 250 of the Code of Criminal Procedure, 1973.
Constitution of India also provides for certain safeguards to the victim of crime. Article
14 and 21 of the Constitution supports the argument.
Compensation for loss or injury to be recovered by the civil court- If the
court is of the view that, the compensation sought is beyond the jurisdiction of the court,
the court itself orders the appropriate court to look into the matter. In the payment to any
person of compensation for any loss or injury caused by the offence, when compensation is,
in the opinion of the Court, recoverable by such person in a Civil Court.
• Compensation in case of death - One might question the fact that, who is the
victim where death has been caused? As the victim is already dead, who should be
compensated for the crime? It is the family of the victim. Think of the mental trauma
they might have gone through. Medical expenses incurred, expenses during last rites.
What if the victim who died was the sole bread earner of the family?
The Court is well aware of such situation. Therefore, the legislature
and the judiciary tied their hands to do complete justice. Victims are entitled to recover
damages from the person sentenced for the loss resulting to them from such death.
When any person is convicted of any offence for having caused the lives of another
person or of having abetted the commission of such a crime.Compensation of victim of
crime in offences like theft, cheating, criminal breach of trust, etc .In cases of crime such
as theft, cheating, criminal breach of trust, criminal misappropriation, the Court either
tries for recovery of goods and in the case where recovery is not possible court orders
for compensation for the price of such goods.
• COMPENSATION WHERE FINE IS NOT A PART OF THE SENTENCE - The
accused person in such case may be ordered by the court to pay a certain sum as
compensation to the victim of crime who suffered loss or injury. Indian legal system is
victim friendly. Victim’s rights are kept at the top of the priority list. When a Court
imposes a sentence, of which fine does not form a part, the Court may, when passing
judgment, order the accused person to pay, by way of compensation, such amount as
may be specified in the order to the person who has suffered any loss or injury by  
reason of the act for which the accused person has been so sentenced.
• Conclusion-
------------------------------------------------------
Ques-Mention the provisions related to classification of prisoners and jail Reform
Committee's report.
Ans– Introduction
► Concept of prison reforms - The existence of prisons in our society is an ancient
phenomenon since Vedic period where the anti-social elements were kept in a place identified
by the rulers to protect the society against crime. Prisons’ were considered as a ‘House of
Captives’ where prisoners were kept for retributory and deterrent punishment. Initially there
was a belief that rigorous isolation and custodial measures would reform the offenders. In due
course it is being substituted by the modern concept of social defence. Various problems
prevailing in prisons are acknowledged by government and authorities from time to time.
Indian Jail Reforms Committee 1919-20 –
 ► The Indian Jail Reforms Committee 1919-20 which was appointed to suggest measures for
prison reforms was headed by Sir Alexender Cardew. The Committee visited prisons in Burma,
Japan, Phillipines, Honkong and Britain besides the Indian jails, and came to the conclusion that
prisons should not only have deterring influence but they should also have a reforming effect on
inmates.
The Committee underlined the need for reformative approach to prison inmates and
discouraged the use of corporal punishment in jails. It recommended utilisation of prison inmates in
productive work so as to bring about their reformation. The Committee also emphasised the need
for an intensive after-care programme for the released prisoners for their rehabilitation.
As a measure of prison reform, the Jail Committee further recommended that the maximum intake
capacity of each jail should be fixed, depending on its shape and size.
In the meantime, there was a movement against retention of solitary confinement as a method
of punishment. Taking a lead in this direction, the State of Bombay abolished solitary cells from
its prisons. Other Provinces followed the suit and reformed their prisons on humanitarian
principles.
The conditions in Indian jails were horrible up to 1919-20. It was after the recommendations of
1919-20 Indian Jails Reform Committee that, changes like classification, segregation of prisoners,
education, recreation, assigning productive work and opportunities for maintaining contacts
with family and society were introduced in maximum-security prisons (that is central jails,
district jails and sub-jails).
Recommendations of the Committee- The Committee of 1919-20 was appointed to suggest various
recommendations for improving the various conditions in India. The principles
recommendations can be summed up as:
1. The care of prisoners should be entrusted to the adequately trained staff drawing sufficient
salary torender faithful service.
2. The separation of executive/custodial, ministerial and technical staff in prison service.
3. The diversification of the prison institutions i.e. separate jail for various categories of prisoners .
As a measure of prison reform, the Jail Committee further recommended that the maximum
intake capacity of each jail should be fixed, depending on its shape and size. In the meantime,
there was a movement against retention of solitary confinement as a method of punishment.
The recommendations made by the Committee could not be implemented due to inappropriate
political environment. The constitutional changes brought about by the Government of India Act
of 1935, which resulted in the transfer of the subject of prisons in the control of provincial
governments, further reduced the possibilities of uniform implementation of the
recommendations of the Indian Jails Committee 1919-1920 in the country.
When the subject matter of prison gets transferred to State governments then they framed their
own rules for the day to day administration of prisons, upkeep and maintenance of prisoners,
and prescribing procedures.
Mulla Committee Report (1983) (Indian Jail Reforms Committee 1980-83)
● - To examine the conditions of prisons and prisoners in the country, government had
constituted several panels. The courts are have also passed several landmark judgments
towards this including the historic judgement in Hussainara Khatoon vs State of
Bihar case. Two most important committees on prison reforms are Justice Mulla
Committee Report (1983) and Justice Krishna Iyer Committee on Women Prisoners
Report (1987).
This committee had given a number of recommendations of which the notable
recommendations are given below:
 ● Since “Prisons” is state subject and central government has little say in it; it should be
moved to concurrent list.
● The government should come up with a National Policy on Prisons.
● Government should establish a permanent National Commission on Prisons. This
commission should submit its annual report on prison related matters to parliament.
● In every state and UT a Department of Prisons and Correctional Services should be set
up.
● Government should try to develop a well organized prison cadre based on appropriate
job requirements.
● An All India Service namely the Indian Prisons and Correctional Service to be
constituted to induct better qualified and talented persons.
● Government should promote research in the field of criminology and penology and to
conduct detail study in the context of emerging patterns of crime in the country. This
will help in proper classification of offenders
● To incorporate the “principles of management of prisons & prisoners” in the DPSP.
● Undertrial prisoners should not languish in the jail and there should be procedure for
speedy trial and simplified bail process
● The committee suggested the government to use alternatives to imprisonment such as
community service, forfeiture of property, payment of compensation to victims, public
censure, etc.
● Living conditions in every prison, custody care, rehabilitation centres should be
compatible with human dignity in all aspects such as accommodation, hygiene,
sanitation, food, clothing, medical facilities, etc.
● Offenders should be provided with adequate opportunities for diversified education,
development of work habits and skills, change in attitude, modification of behaviour and
implantation of social and moral values.
● Payment of fair wages and other incentives of leave, remission and premature release
to convicts for improvement of their behaviour should be incorporated.
● Appropriate security provisions should be made for custody suites
● The management of prisons must take care of human rights of prisoners
● The State shall provide free legal aid to all needy prisoners.
● Children (under 18 years of age) cannot be sent to prisons. There should be a separate
institution for them with facilities for their care, education, training and rehabilitation.
● Young offenders (between 18 to 21 years) shall not be confined in prisons meant for
adult offenders.
● Proper arrangements shall be made for the care and treatment of mentally ill prisoners.
● Those convicted for non-violent socio-political economic agitations for public cause shall
not be confined in prisons along with other prisoners.
● Government should encourage voluntary participation of the community in prison
programmes and should authorise selected eminent public-men to visit prisons and give
independent report on them to appropriate authorities.
Conclusion –
---------------------------------------------------------------------------------------
Ques - What do you understand by white collar crime? discuss its causes and effects.
 • Ans - Introduction –
White collar crime is a crime committed by the people who belongs to the higher class
of society and are from the reputable group of society. This crime is committed during
the course of their occupation. The people who are committing this crime have usually a
better understanding of technology, their respective field, disciplines etc.
White collar crimes are largely evolved from few years. And they are seen to be committed
in large organizations that cover a large number of activities. So we can say that these
crimes are common to trade, commerce, education, health etc.
Historical Background: Edwin Sutherland an American sociologist who first defined
the white collar crimes in the global. He described this crime to be committed by the
person of high social status as compared to those who commit ordinary crimes during
the course of his employment. In 1934, Again Morris drew attention to the necessity of
a change in emphasis regarding crime. He arrested that anti-Social activities of persons
of high status committed in course of their profession must be brought with the
category of crime and should be made punishable.
Finally, E.H. Sutherland through his pioneering Work emphasized that these ‘
Upper Worked1 crimes which are committed by the persons of upper Socio-economic
groups in course of their occupation - violating the trust , Should be termed as “White Collar
Crime” So as to be distinguished from traditional crime which he called “Blue Collar Crime”
And the concept of White Collar Crimes found its place in criminology for the first time in
1941.
How White Collar Crimes Affects More Than Just The Criminals:
White collar crime can have a large impact on the society and it does not only affect the
criminals. It is also called as a socio-economic crime because it has a direct impact on
the society. When a white collar crime is committed huge losses on business occur
which have a direct impact on the consumers and the society.
� there are various numbers of frauds and scams that had been exposed in
our country from the past few years like 2g scam, havala scam, banking scam, fodder
scam and many more. Due to these frauds and scams the economy of our country has
shambled. And then to make up these losses of fraud or any scams, they increase the
costs. This means higher prices for the consumers in the way of higher taxes,
government revenue, and increased insurance costs. The impact of white collar crime
on society is great. There is loss in every field from the costs of commodities to the
securities and insurance.
Common Types Of White Collar Crime In India:
1) 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. Bank fraud is concerned to
the public at large because there is a relation of trust between the banks and the public. It is
the most common type of white collar crime and also a corporate crime. It harms public as
well as the government of the country.
 2) Bribery Bribery is also a very common type of white collar crime. By bribery we
means 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. It is
done for the purpose of insisting him to do something or to prevent him from doing
something. It is the most common income of most of the public officials of our country.
3) Cyber crime:
Cybercrime is the biggest cause leading to these type of crime in India. It is the latest
problem prevailing in the cyber world. Cybercrime is the crime which is related to
‘computer networks’. With the rapid increase of advancement of technology there is
also a rapid increase in the crime related to the technology. Cybercrime involves the
persons who are expert in computer related technology. And it is committed against the
victim directly or indirectly to cause a harm to his reputation or to harm in physical or
mental way using internet, networks and other technological sources. Cybercrime
threatens the nations as well as the person’s security and financial status. Cybercrime
can cause huge financial loss to the country. Not only the financial loss but it can also
threaten the privacy of a person. Disclosure of confidential information can create
privacy problems.
Hacking,
Child pornography,
Copyright infringement,
Cyber terrorism,
Cyber stalking are some of common examples of cybercrime.
4) 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. Laundering is done with the intention of making
that money came from legal sources. In simple words money laundering means to show the
illegitimate money as legal money.
For instance if a person obtain money from black marketing, trafficking of illegal goods the
money will be considered ‘dirty’ and he cannot deposit into the banks as it may seem
suspicious if he directly deposit money into the financial institutions because he had to
create statements and records stating that where the money came from. Money laundering
involves three steps:
the owner of the money obtain the money from some illegal means and deposit into the bank
by some way.
Then through multiple transactions the transfer of money is being done.
Lastly, they return the money into banks to make it legitimate.
5) Tax Evasion:
Tax evasion is committed with an intention to conceal one’s actual taxable income and
one’s original position to the authorities. This concealment of income is done to reduce the
tax liability in the eyes of government.
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.
6) Identity Theft:
Identity theft is one of the easiest type of crime these days. Due to advancement of
technology it is very easy to access personal information of anyone. Identity theft is the
crime in which the criminal access unauthorized information such as name, address,
phone number etc. and use this information to gain money. In simple words identity
theft is committed by using some other person identity to commit fraud or to gain
money by illegal means.
White Collar Crime In Different Professions:
White collar crime in medical profession-
The problem of the relationship between the doctor and the patient had been
recognized long back by the penologists. Manu said that the ones indulging in false
practices, for example, where a doctor makes false diagnosis report, heavy fine would
be levied on him. Removing of immature fetus was considered to be a heinous crime
and such person was called to be subject to severe punishment. There have happened
many cases where the medical practitioner have had no license to practice medical
profession. The doctor treating the patient had turned out to be a fake doctor who has
only deceive the patients by not treating them properly and running away with their
money.
� Examples of white collar crime in medical profession could be- issuing fake medical
certificates, facilitating illegal abortions, selling sample drugs and medicines directly to
the patients or to the chemists in India. Sometimes, the professionals in the medical
field are seen giving advice to criminals of how to escape the allegations using medical
grounds.
� In Karnataka, two doctors, K.H. JNANENDRAPPA and K.M. CHANNAKESHAVA, were
charged with making fake medical certification for Abdul Karim Telgi, who was involved
in a multicrore stamp paper racket in order to help him get bail on the ground of health
issues . Therefore, under the Prevention of Corruption Act, 1988 they both were held
liable with 7 years imprisonment and with a fine of 14 lakh rupees each
White collar crime in legal profession-
Legal practitioners often for money or other services by their clients, present false
evidence, fake witnesses in the court. Legal practitioners with the ministerial support
involves in wrongful practices and violate all their ethical standards for some amount of
money. Manipulating evidences and faking witnesses by bringing in professional witnesses,
gives the case another turn, because of which many times the real accused is left free and
the innocent is sent behind the bars.
� It was in 2006 when D.K. Gandhi, a resident of Delhi filed a case against the wrong
practices of his lawyer. Gandhi had appointed the lawyer for a certain amount of
money. The lawyer was supposed to dispose off the case as early as was possible. The
case was settled in the first hearing itself and Gandhi was to receive the compensation
amount. However, the lawyer refrained from giving the amount to is client, Mr. Gandhi,
unless an extra sum of 5,000 rupees was paid to him.
� So in the case of D.K. Gandhi v. M. Mathias when referring to the what the Supreme
Court had said in Jacob Mathew v. State of Punjab , held the appeal and left the matter
to be decided by the State Commission based upon the law.
� In the case of Jacob Mathews, the Supreme Court had said that: in law of negligence,
the professionals from different professions like, legal, medical, or architecture, or any
other would be held liable for negligence in practicing their profession if that either of
the two given conditions are satisfied: a. He did not have the required skill that was
needed to be professed and, b. Even if he has the required skills to be professed, he did
not exercise the same.
White collar crime in the engineering profession-
� Engineers, like mining engineers, are often found to be involved in malpractices like
providing substandard works and materials and also not maintaining the records or
maintaining bogus records. These types of scandals are often reported on new channels
and cause huge losses to the company.
� In April 2019, India Today reported that an assistant engineer by the name of S.F.
Kakulte was arrested for negligence because of which a bridge had collapsed. Along with
Kakulte four other engineers and the chief engineers of Bombay Municipal Corporation
were involved in the project. The Structural Auditor, Neeraj Desai, was also arrested for
negligence in the report. He claimed that beams, pillars, metal fixtures were audited but
the concrete slabs were not mentioned in the inventory given to him for the audit as a
result 6 people had died and 35 were seriously injured
White collar crime in education-
� Many private educational institutions involve themselves in false
practices like using fictitious documents to and fake details in order to obtain grants
from the government to run their institutions. The teachers and staff are often seen to
be working at very low wages than what was the signing amount. These false practices
help the institution raise the high sum of illegal money. It was in 2019 when the New
India Express had reported that a senior railway ticket checking staff was arrested by the
Central Crime Branch, for leaking out the questions papers of the exams for the post of
constables and sub-inspectors in return for money
� It was in 2013 when the Time of India published an article stating that the Gujarat
Technological College had been appointing engineers for lecturer ship were not even
qualified with a B. Tech degree. Yogesh Patel, who was a lecturer of Civil Engineering at
S.R. Patel Engineering College which is affiliated to Gujarat Technological university, had
not even cleared his Bachelor’s degree.
� He had failed in some subjects like the applied mechanical and earthquake engineering.
And he even went for checking papers and also received a remuneration for his work.
An inquiry into how a person who is not eligible for the post of ad hoc, that is
temporary, lectureship was appointed for teaching purposes.
� It was in 2013 when the Time of India published an article stating that the Gujarat
Technological College had been appointing engineers for lecturer ship were not even
qualified with a B. Tech degree. Yogesh Patel, who was a lecturer of Civil Engineering at
S.R. Patel Engineering College which is affiliated to Gujarat Technological university, had
not even cleared his Bachelor’s degree.
� He had failed in some subjects like the applied mechanical and earthquake engineering.
And he even went for checking papers and also received a remuneration for his work.
An inquiry into how a person who is not eligible for the post of ad hoc, that is
temporary, lectureship was appointed for teaching purposes.
Legislations Against The White Collar Crime In India:
Government has made various legislation for identifying white collar crime. These
legislation contains punishment regarding these crimes.
Companies Act, 1960.
Income Tax Act, 1961.
Indian Penal Code, 1860.
Commodities Act, 1955.
Prevention of corruption Act, 1988.
Negotiable Instrument Act,
Prevention of money laundering Act, 2002.
IT Act, 2005.
Imports and Exports (Control) Act, 1950.
Conclusions And Suggestions:
White collar crimes are the crimes which cause a harm to the economy of the country as
a whole. It threatens the country’s 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.
� There is no proper definition of White collar crime in Indian laws. These socio-economic
crimes should not be taken leniently by the government.
� Punishment regarding White collar crime should be stricter as harsh punishment can
prevent these crimes to a great extent.
� If the crime is very heinous the punishment might also be extended to life
imprisonment.
� People are not aware about most of these crimes so the public awareness through any
communication medium is also necessary.
� Government should impose strict regulations regarding economic thefts of the country.

Ques- Discuss the problems of prisoners in prison and CUSTODIAL TORTURE IN PRISONS.
► Ans- Introduction- PROBLEMS OF OVERCROWDING PRISONS
When prison population goes beyond its authorised capacity of
accommodation, it is known as Overcrowding. Overcrowding in the Prisons is an important
human rights issue as it results in deterioration of the general living conditions of the
prisoners. It also creates hindrances in the reformation process. Prison officers find it
difficult to initiate and continue correctional measures.
Prison overcrowding is one of the key contributing factors to poor
prison conditions around the world. It is also arguably the biggest single problem facing
prison systems and its consequences can at worst be life-threatening at best prevent
prisons from fulfilling their proper function. Prison overcrowding is one of the key
contributing factors to poor prison conditions around the world. It is also arguably the
biggest single problem facing prison systems and its consequences can at worst be life-
threatening at best prevent prisons from fulfilling their proper function.
Data suggests that the number of prisoners exceeds official prison capacity
in at least 115 countries. Overcrowding is a consequence of criminal justice policy not of
rising crime rates, and undermines the ability of prison systems to meet basic human needs,
such as healthcare, food, and accommodation. It also compromises the provision and
effectiveness of rehabilitation programmes, educational and vocational training, and
recreational activities.
Overcrowding, as well as related problems such as lack of privacy, can also cause or
exacerbate mental health problems, and increase rates of violence, self-harm and
suicide. Overcrowding is prevalent in almost every country in one form or the other.
Besides developing and under-developed countries of Africa and Asia, developed
countries like United States of America, Japan and United Kingdom are also facing this
problem. ‘One of America's biggest problems today is the overcrowding of prisons. This
began when the population of inmates started to soar in the 1980's. With the increase
of rapists, murderers, and drug dealers skyrocketing, there are obvious reasons to this
overpopulation.
► Keys to Improving Conditions in Overcrowded Prisons
► SECURITY- Overcrowded prisons are more difficult to manage and frequently plagued
by increased conflict and violence. Often the movement of prisoners is restricted as a
means of controlling the situation. Unfortunately this adds to the stress and hostility
felt by inmates.
► HEALTH-
► As toilet, sanitation, and cooking facilities become inadequate to serve a growing prison
population, the health of staff and inmates is at risk, making it more difficult to control
contagious diseases.
► Grow Food- It Involves low risk inmate labour to cultivate vegetable gardens, raise
livestock (e.g., cattle, sheep, pigs, perhaps poultry) to provide additional and more
varied food for the prison. This will improve nutrition and also provide inmates with
meaningful activity.
► Train Staff- Train staff members in basic relational skills including effective
communication, building respectful and humane relationships, anger management
and conflict mediation. This will improve both staff and inmate morale.
► NON-SENTENCED PRISONERS- Prison overcrowding is sometimes caused by a slow
court system and as a result the number of remand or non-sentenced prisoners
increases substantially. Some non-sentenced prisoners may not have appeared in
court due to lack of legal representation and others may be eligible for bail. Review
Cases Reduce the number of non-sentenced prisoners by establishing a process for
lawyers, prosecutors and judges to review the legal status of individual detainees and
make appropriate recommendations to the court.
► Speed Release Organize volunteer lawyers or paralegal volunteers to help inmates
prepare for bail hearings and thus reduce the amount of time they may have to wait for
their cases to be heard.
► SENTENCED PRISONERS
► Many persons who have been sentenced to prison do not represent a real danger or
threat to the community. The court has ordered them imprisoned because few other
meaningful alternatives for punishment exist. Effective alternatives can be used to
reduce the prison population. Increase Alternatives Convene a meeting with judges,
politicians, community leaders, lawyers and other relevant groups to discuss the use
of alternative community-based punishments rather than prison for non-dangerous
offenders. Consider holding the meeting at the jail or prison to expand awareness of
existing conditions.
► LONG-TERM SOLUTIONS -Prison overcrowding is an entrenched problem and
solutions require careful work and strong political will. Some of the creative measures
taken to address this problem have included:
► Mobile judges travel to prisons to hold court hearings. This reduces the number of
remand prisoners.
► Judges use probation and community service as an alternative to prison.
► Legislators adopt sentencing reforms to reduce the length of sentences
► Parole boards are given authority to release and supervise prisoners early who pose
little danger to society.
► Parole boards sanction technical parole violators (e.g., fail to report on time) outside
prison.
► Problem of
CUSTODIAL TORTURE IN PRISONS-
Torture is wound in the soul so painful that sometimes you can almost
touch it, but it is also so intangible that there is no way to heal it. Torture is anguish
squeezing in your chest, cold as ice and heavy as a stone, paralysing as sleep and dark as
the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy
including yourself”.
Custodial torture ranging from assault of various types to death by the
police for extortion of confessions and imputation of evidence are not uncommon. Such
a method of investigation and detection of a crime, in the backdrop of expanding idea of
‘humane’ administration of criminal justice, not only disregards human rights of an
individual and thereby undermines his dignity but also exposes him to unwarranted
violence and torture by those who are expected to ‘protect’ him.
In India where rule of law is inherent in each and every action and right to
life and liberty is prized fundamental right adorning highest place amongst all important
fundamental rights, instances of torture and using third degree methods upon suspects
during illegal detention and police remand casts a slur on the very system of
administration. Human rights take a back seat in this depressing scenario. Torture in
custody is at present treated as an inevitable part of investigation. Investigators retain the
wrong notion that if enough pressure is applied then the accused will confess. The former
 Supreme Court judge, V.R. Krishna Aiyyer, has said that custodial torture is worse than
terrorism because the authority of the State is behind it.
The crudity of criminal investigation is often blamed on the crudity of
resources: the lack of scientific equipment and professionally-trained persons to do the
job properly. Although this is an element in the problem, it is not the central one. More
important is the sheer impunity enjoyed by law enforcers. This impunity is allowed to
flourish for want of laws criminalising and punishing custodial torture, and also due to
corruption and the wanton degeneration of courts and other institutions for the
maintenance of law in India. Where a torture victim must wait for years in hope that a
judge may one day take up his/her case, while meanwhile the perpetrator is being
promoted, the very concept of justice is undermined.
Custodial torture is universally held as one of the cruellest forms of
human rights abuse. The Constitution of India, the Supreme Court, the National Human
Rights Commission (NHRC) and the United Nations forbid it. But the police across the
country defy these institutions. Therefore, there is a need to strike a balance between
the individual human rights and societal interests in combating crime by using a realistic
approach.
► Remedies Against Custodial Torture:
There are two approaches with respect to the remedies provided for against
custodial torture and subsequent death as well. These two approaches are – legal regime
and judicial precedents. They can be explained as follows:
Constitutional Safeguards:
It has been held in a catena of judgements that just because a person is in police
custody or detained or under arrest, does not deprive of him of his basic fundamental
rights and its violation empowers the person to move the Supreme Court under Article
32 of the Constitution of India. Detention does not deprive one of his fundamental
rights.
► Article 20 of the Constitution of India: Article 20 primarily gives a person the rights
against conviction of offences. These include the principle of non-retroactivity of penal
laws.i.e. ex-post facto laws thereby making it a violation of the persons fundamental
rights if attempts are made to convict him and torture him as per some statute. Article
20 also protects against double jeopardy.  This Article most importantly protects a
person from self-incrimination. The police subject a person to brutal and continuous
torture to make him confess to a crime even if he has not commit.
► Article 21 of the Constitution of India:
This article has been understood in the Indian judiciary to protect the right to be free
from torture. This view is held because the right to life is more than a simple right to live
an animalistic existence.[19] The expression "life or personal liberty" in Article 21
includes a guarantee against torture and assault even by the State and its functionaries
to a person who is taken in custody.
► Article 22 of the Constitution of India : Article 22 provides four basic fundamental
rights with respect to conviction. These include being informed of the grounds of
arrest, to be defended by a legal practitioner of his choice, preventive detention laws
and production before the nearest Magistrate within 24 hours of arrest of the person.
 Thus, these provisions are designed to ensure that a person is not subjected to any ill-
treatment.
► Other Statutory Safeguards- Indian Evidence Act, 1872:
A confession to police officer cannot be proved as against a person
accused of any offence (Sec. 25 Evidence Act) and confession caused by threats from a
person in authority in order to avoid any evil of a temporal nature would be irrelevant in
criminal proceedings as, inter-alia, provided in Sec. 24. Thus, even though custodial torture
is not expressly prohibited by law in India, the evidence collected by illegal means, including

torture is not accepted in courts. Indian Penal Code (IPC), 1860:

After the controversial Mathura Rape case, an amendment was
brought about in Sec. 376 of the IPC. Sec. 376(1)(b) penalises custodial rape committed
by police officers. This was a welcome change made to the section in question as it
finally condemns the acts of police officers who take advantage of their authority.
► CUSTODIAL TORTURE IN PRISONS-
► B.M.Patnayak vs. State of AP
► Sunil Batra vs. Delhi Administration
► Sheela Barse vs. State of MH- SC has provided for guidelines on rights of the arrested
persons especially women. The court in this case also emphasised on the need for
Magistrates to inform all arrested persons of their rights.
► Sanjay Suri vs. Delhi Administration
► Kalyana Chandra Sarkar vs. Rakesh Ranjan and others
Conclusion-
Ques - crime prevention is not exclusively a function of police. Explain the police public co-
operation in this context.
Ans – Introduction -
The main aim of National Crime Investigation Bureau is to develop relationship between
Police, Public and Media for Control Criminal Activities like Anti Nation activity,
Smuggling, Organize Ganges, Fake Currency, Illegal Arms, Terrorism activity, Sexual
Harassment, Child Labour, Bonded Labour and all type of criminal activities, Our main
moto is highlight the exemplary deeds & achievements of both Policemen & Media
personnel, before the common masses. We are providing a common platform for a)
Police, b) Media c) Public for better understanding, coordination & support for their die
hard efforts in highlighting/ eradicating Corruption/ Scams & other social evils from the
society. You can also support and contribute towards the better and safe society,
What we do??
One of NCIB prime motive is to develop healthy public police relations all over India. As in India
there has always been a gap between people and police relationship. People in India are not
that much aware about there rights and what kind of helps the can avail from police department,
hence in many cases it has been seen that the proper channel of investigation into vital matters
was lacking only because people don’t have that much trust on police administration. But now
with passing time and modernization of India people are getting aware of there rights and other
services. That’s especially seen in Indian metros where there has been lot of improvements in
police practices and there work scenario has also improved. Now most of police departments
have gone online with changing technology trends.
We always make it a point in all our meets in India which is attended by hundreds of our
members and other guests to understand there fundamental rights and also as of now there has
been new amendments in right to information act, so anyone can get information related to any
matter pertaining to administrative departments related to that persons activities. it is to be
noticed that in normal situations people don’t report a crime to police due to the fear of being
harassed later on by police and court proceedings related to that case. So it is our responsibility
as a social service organization to let people know how they can proceed with taking the crime
case to police and what suitable actions can be taken in this matter. Especially women in our
society are more often seen not reporting crime to police and it is only because they don’t know
the rules and solutions. We also arrange road shows to spread awareness relating to public
police relation.
We also have the support of government of India and various other social development
organization who coordinate with us to make India crime free and make society more secure
and health.
Everyone has it’s own view –
Conclusion-
1. Write an essay on National Police Commission 1977.
Ans - Introduction-
National Police Commission – The Government of India appointed a National Police
Commission in 1977, as it felt that “far reaching changes have taken place in the country” since
independence but “there has been no comprehensive review at the national level of the police
system after independence despite radical changes in the political, social and economic
situation in the country”. It was felt that “a fresh examination is necessary of the role and
performance of the police both as a law enforcement agency and as an institution to protect
rights of the citizens enshrined in the Constitution”. The NPC submitted eight detailed reports
between 1979 and 1981 which contained comprehensive recommendations covering the entire
gamut of police working.
FIRST REPORT - In the first report, the National Police Commission recommended that existing
system of working of the constables, who constitute more than 85% of the force, be radically
changed. They should be so recruited and trained that they could be deployed on duties
involving the exercise of discretion and judgement. The Commission also suggested machinery
for redressal of grievances within the police organization.
SECOND REPORT - The second report of the Commission stressed that the basic role of the
police is to function as a law enforcement agency and render impartial service to the people. It
expressed grave concern on the misuse of police, interference by illegal or improper orders or
pressure from political executives or other extraneous sources. The Commission recommended
that the power of superintendence of the state government over the police should be limited
to ensuring that the police perform their duties in accordance with the law. To ensure this, it
recommended the setting up of a statutory body called the‘State Security Commission’ in each
state and also that the chief ofpolice should be assured of a minimum prescribed tenure.
THIRD REPORT -The third report dealt with the procedural laws and the evils of suppression of
crime by non-registration of cases. It also examinedthe role of police in dealing with the weaker
sections of society. The Commission emphasised that the posting of officers in-charge of police
stations should be the exclusive responsibility of the district Superintendent of Police and
similarly the selection and posting of Superintendents of Police should be the exclusive
responsibility of the Chief of Police.
FOURTH REPORT - The fourth report emphasised the imperative need of co-ordinating the
functioning of the investigating staff With the prosecuting agency and suggested reforms in
procedural laws with a view to facilitating judicious conduct of investigations. On the subject
ofenforcement of social legislation, the Commission laid down the parameters of police
involvement.
FIFTH REPORT - The fifth report dealt with the recruitment of constables and sub-inspectors
and laid emphasis on their proper training.
SIXTH REPORT- The sixth report recommended police commissionerates in large cities with a
population of five hundred thousand and above and alsoin places which had witnessed rapid
industrialization or urbanisation. It also recommended certain measures to improve the police
handling and investigation of cases of communal riots.
SEVENTH REPORT- The seventh report dealt with the internal management of the police force
and emphasised that this should be entirely under the purview of the Chief of Police.
EIGHT REPORT -The eighth report recommended that the State Security Commission should be
provided with an independent cell to evaluate police performance in both qualitative and
quantitative terms.
The Commission even drafted a model Police Bill which could be enacted. Its
recommendations, however, received no more than a cosmetic treatment at the hands of the
Government of India. The political leadership was just not prepared to give functional
autonomy to the police because it had found this wing of the administration a convenient tool
to further its partisan objectives.
Conclusion-
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Ques- Review the purpose Nature and scope of the solitary confinement should it be retained?
Ans-
Introduction-
Nature and scope –
Solitary confinement is a sort of detainment inside which a detainee is disengaged from any human
contact, more often than not except for individuals from imprison specialists, for 22–24 hours day by
day, with a sentence beginning from days to decades .It is for the most part used as an assortment of
social control on the far side confinement for a hostage, normally for infringement of jail rules. Be that
as it may, it's also utilized as an additional live of assurance for powerless prisoners. inside the instance
of detainees at high danger of suicide, it might be utilized to stop access to things that would allow the
prisoners to self-hurt. A sentence of solitary confinement can be dispensed just for offenses under the
correctional code. The discipline can be granted for offenses under extraordinary violations (Shahzad
Bokhary,1970). Solitary confinement uncovers what the decimation brought by the torment of solitary
confinement enlighten us regarding being human. It contends that detachment uncovered the judicious
with others on which our reality as sense making animal depends.
► Origin of solitary confinement : In 1829, the first experiment in solitary confinement within the
united states begins at the eastern State Penitentiary in Philadelphia. It supported a Quaker
belief that prisoners isolatedin stone cells with solely a Bible would use the time to repent, pray
and realise their faults and mistakes. However several of the inmates go insane, commit suicide,
or are not any longer able to operate in society, and also the follow is slowly abandoned
throughout the upcoming years.
► Solitary confinement : Solitary confinement is the act of separation of individuals in the closed
cells for 22-24 hours per day, for all intents and purposes free of human contract for timeframes
 going from days to years.Few detainee framework utilize the expression "solitary confinement"
for alluding to jail of isolation or position in limiting house. The quantity of individuals under
solitary confinement in US is hard to decide. They absence of dependable data and inadequacies
in information gathering thoughts constituting solitary confinement. This discipline is given
under area 73 and 74 of Indian Penal code . Terms in solitary confinement depend on charges
that are required, settled and upheld by jail authorities with next to zero outside oversight.
Numerous jail frameworks have a hearing procedure, however hearings are regularly spur of the
moment. Jail authorities fill in as prosecutors, judges and juries, and detainees are seldom
permitted legitimate portraya
► Limitations of solitary confinement - The punishment may exceed as follows : Not more than
i) 6 months 1 month of the punishment of solitary confinement
ii) 1 year 2 months of the punishment of solitary confinement
iii) More than 1 year 3 month of the punishment of solitary confinement
Effect Of The Long Term Solitary Confinement-
► Many prisoners are released directly to the streets after the isolation of years. Numerous
studies had expressed the physiological effects of the solitary confinement , which can produce
the symptoms, such as: ● Visual and auditory hallucinations ● Hypersensitivity to noise and
touch ● Insomnia ● Uncontrollable feelings of rage and fear ● Distortions of time and
perception
Constitutional Arguments Made Against Solitary Confinement
► 1. It violates the basic concept of common natural human dignity
► 2. It denies the basic human rights of the people
► 3. It causes many significant mental illness and physical pain and suffering
► 4. It is unnecessary in many of the cases
Arguments made in favour of solitary confinement
► 1. It is necessary to prevent some rare cases of suicides
► 2. It is an additional measure followed for the protection of an inmate from other inmates as it
includes the social isolation in the prison.
► 3. In case of violations against the prison regulations, it can be given to some extent of
punishments.
Conclusion –
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