PRISON ADMINISTRATION:

Historical evolution of prisons in India

SUBMITTED BY: SUBMITTED TO:

MIHIR SINGH DR. RUCHI SAPAHIA
1120202174 ASSOCIATE PROFESSOR OF
LAW
BBA LLB
HIMACHAL PRADESH
8th SEMESTER
NATIONAL LAW
UNIVERSITY, SHIMLA.
DECLARATION

I hereby declare that the assignment entitled “Historical evolution of prisons in India”
submitted by me to Himachal Pradesh National Law University, Shimla is a record of
Bonafede project work carried out by me, Mihir Singh, under the guidance of Dr. Ruchi
Sapahia. I further declare that the work reported in this project has not been submitted and
will not be submitted, either in part or in full, for the award of any other degree or diploma in
this institute or any other institute or university.

Mihir Singh

Date: 06-05-2024
INTRODUCTION

MEANING: PRISON

A prison, jail, or gaol is a facility in which individuals are forcibly confined and denied a
variety of freedoms under the authority of the state as a form of punishment. The most
common use of prisons is as part of an organized governmental justice system, in which
individuals officially charged with or convicted of crimes are confined to a jail or prison until
they are either brought to trial to determine their guilt or complete the period of incarceration
they were sentenced to after being found guilty at their trial.

“Prison” includes Jails, or any goal or place used permanently or temporarily under the
general or special orders of the Government for the detention of prisoners, under section 417
of the Code of Criminal Procedure, 1973 and includes all land and buildings appurtenant
thereto, but does not include any place for the confinement of prisoners who are exclusively
in the custody of the police1.

Earlier notions of prison as a facility in which inmates were forcibly held by depriving
freedom as a form of punishment changed with a change in social perception towards prison
and prisoners. Custody, care and treatment are the three main functions of a modern prison
organization. For over 100 years, there was emphasis on custody which, it was believed,
depended on good order and discipline. The notion of prison discipline was to make
imprisonment a deterrent. Consequently, hard punitive labour with no regard for the human
personalities and severe punishments were the main basis of prison treatment. More than 40
prison offences have been listed in the jail manuals of many States and any infraction was
visited by harsh punishments. Gradually, the objective of imprisonment changed from mere
deterrence to deterrence and reformation. This led to the abandonment of some of the severe
forms of punishments and introduction of a system of awards for good work and conduct in
the form of remission, review of sentences, wages for prison labour, treatment in open
conditions, parole, furlough, canteen facilities etc. Today, prison is treated more as a
correctional or improvement facility which itself indicates that there is more emphasis on
reformation of prisoners in the process of punishment. To achieve this goal, a congenial
atmosphere is required to be created in jails for the benefit of inmates. Apart from emphasis
on social and ethical values for integration with society after release, inmates also require

1
Goa Prison Rules ,2006 which has been approved by Government of Goa on 12-10-2006 by way of
Notification:9/29/2004-HD(G)/Part. Official Gazette, Series I No. 28, Panaji 13thOctober, 2006.
educational, recreational, and vocational training facilities. This will help them not only
overcome their hostile attitude towards society which will facilitate their integration with the
mainstream, but also provide them with alternate sources of livelihood after release.

OBJECTIVE OF PRISONS

As early as in the year 1920, the Indian Jails Committee had unequivocally declared that the
reformation and rehabilitation of offenders was the ultimate objective of prison
administration. This declaration subsequently found its echo in the proceedings of various
Prison Reforms Committees appointed by the Central and State Governments of the
international influences. The United Nations Standard Minimum Rules for the Treatment of
Prisoners, formulated in 1955, provides the basic framework for such a goal. The
international Covenant on Civil and Political Rights, propounded by United Nations in 1977,
to which India is a party, has clearly brought out that the penitentiary system shall comprise
treatment of prisoners the essential aim of which shall be their reformation and social
rehabilitation. It is, however, seen that whereas India is second to none in terms of an
enlightened thinking with regard to the purpose and objective of imprisonment, the gap
between proclaimed principles and actual practices appears to have been widening in recent
years2.

HISTORY OF PRISONS

The history of the correctional movement could be traced to the developments which took
place in the United Kingdom in the early twentieth century. The turning point in the humane
treatment of custodial populations came with the Universal Declaration of Human Rights.
These standards were further strengthened by the U.N. Standard Minimum Rules for
Treatment of Prisoners, 1955. In the Indian scenario, the Indian Constitution, the Prisons Act,
1894, the rulings of the Supreme Court and High Courts and the reports of various prison
reform bodies have highlighted the problems with regard to the situation of prisons and
suggested roadmaps to address these concerns.

2
http://bprd.nic.in/writereaddata/linkimages/1445424768
The origins of prisons can be traced back to the rise of the state as a form of social
organization. Corresponding with the advent of the state was the development of written
language, which enabled the creation of formalized legal codes as official guidelines for
society. The most well-known of these early legal codes is the Code of Hammurabi, written
in Babylon around 1750 BC. The penalties for violations of the laws in Hammurabi's Code
were almost exclusively centered around the concept of lex talionis ("the law of retaliation")
where people were punished as a form of vengeance, often by the victims themselves.

PRISON IN ANCIENT INDIA

During the early years of Indian independence, the prison administration was using the
inmates as labour for their own development without considering the inmates requirements.
Thus, prisoners were there as a force labour. However, later it was released that the prison
inmates may be utilized for community services and productive work so as to earn their own
living.

As suggested by Pakwasa Committee, a Model Jail was established at Lucknow in 1949

where the prisoners were made to work on handloom machines and engaged in various other
home industries. The first women Jail was established in Maharashtra at Yarwada. During the
last fifty years, several notable changes have been introduced in the system of prisons in
India.

The object of punishment during the Hindu and Mughal period in India was to deter
offenders from repeating crime. The recognized modes of punishment were death sentence,
hanging, and mutilation, whipping, flogging, branding, or starving to death. During Mughal
rule in India the condition of prisons was awfully draconic. The prisoners were ill-treated,
tortured, and subjected to most inhuman treatment. They were kept under strict surveillance
and control.

PRISON IN BRITISH INDIA

The British colonial rule in India marked the beginning of penal reforms in this country. The
British prison authorities made strenuous effort to improve the condition of Indian prison and
prisoners. They introduce radical changes in the existing prison system keeping in view the
sentiments of the indigenous people. The prison Enquiry Committee appointed by the
Government of India in 1836 recommended the abolition of the practice of prisoners working
on roads. Adequate steps were also taken to eradicate corruption among the prison staff. An
official called the Inspector General of the prison was appointed for the first time in 1855
who was the Chief Administrator of Prisons in India. His main function was to maintain
discipline among the prisoners and the prison authorities. With this appointment, the jailor
and other petty officials of the prison can no longer abuse their power and authority.

The second Jail Enquiry Committee in 1862 expressed concern for the insanitary conditions
of Indian prisons which resulted into death of several prisoners due to illness and diseases. It
emphasized the need of proper food and clothing the prison inmates and medical treatment of
ailing prisoners. Certain recommendations were also made by the third Jail Enquiry
Committee in 1877.

As a result of these recommendations, the Prison Act, 1894 was enacted to bring about
uniformity in the working of prisons in India. It empowered the existing provinces to enact
their own prison rules for the prison administration. The medical services which were already
provided to prisoners in 1866 were further improved and better animates were provided to
women inmates to protect them against contagious disease. Despite these changes, the prison
policy as reflected through the Act remained deterrent3.

During the period from 1907, vigorous efforts were made to improve the condition of
juvenile and young offenders. They are now kept segregated from the hardened adult
offenders so as to prevent their contamination.

INDIAN JAIL REFORMS COMMITTEE 1919-20

The Indian Jail Reform Committee 1919-20 which was appointed to suggest measures for
prison reforms was headed by Sir Alexender Cardew. The Committee visited the prisons in
Burma, Japan, Philippines, Hong Kong, and Britain besides the Indian Jail, and concluded
that prisons should not have deterring influence, but they should 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 utilization of prison
inmates in productive work so as to bring about their reformation.

3
Vidya Bhushan: Prison Administration In India, p. 21.
In the meantime, there was a movement against retention of solitary confinement as a method
of punishment. Taking lead to this discretion, the State of Bombay abolished solitary cells
from its prisons. Other provinces followed the suit and reformed their prisons on
humanitarian principles. The Pakwasa Committee in 1949 accepted the system of utilizing
prisoners as labour for road work without any intensive supervision over them. It was from
this time onwards that the system of payment of wages to inmates for their labour was
introduced. Certain good time laws were also introduced in jails under which the inmates
who behaved well during their term of imprisonment were rewarded by suitable reduction in
the period of their sentence. The ultimate object of these reforms was to protect the society
and reforms.

INDIAN PRISON ONWARDS 1950

Prisons in India are governed by the Indian Prison Act, 1894 and the rules and regulations for
administration and management of prisons as specified in the Prison Manuals of the States.
The emphasis is not only on safe custody of prisoners and under-trails but also on their
reformation and rehabilitation in society. Recognizing the need for reformation of offenders
during incarceration. Pundit Jawahar Lal Nehru expressed a view that criminals are largely
creations of social conditions, and they are required to be treated rather than being punished.

The constitution of India has placed “Jail” along with Police and ‘law and orders’ in the State
list of the Seventh Schedule. As a result, the Union Government has literally no responsibility
of modernizing prisons and to look after their administration. Even the Five-Year Plans
offered a very low priority to prison administration and Jail reforms.

The treatment of prisoners on psychological and psychiatric basis received some attention as
a measure of prison reform during 1950s. It was realized that the rehabilitative activities of
the modern prison should generally be of two kinds:

 Psychological and psychiatric treatment

 Educational or vocational training programmes

REFORM IN PRISON LABOUR SCHEME

The objectives of 'prison labour' have varied from time to time. The Indian Jail Reforms
Committee of 1919-20 recommended that the main objective of prison labour should be the
prevention of further crime by the reformation of criminals, for which they were to be given
instruction in up-to-date methods of work enabling them to earn a living wage on release.

The other objectives were to keep the offenders use fully engaged to prevent mental damage
and to enable them to contribute to the cost of their maintenance. Work was allotted to
prisoners on the basis of their health, length of sentence prior knowledge of a trade, and the
trade which was most likely to provide a living wage on release. After independence, punitive
labour such as extraction of oil by manual labour was abolished and more useful programmes
were introduced Co train offenders as technicians.

Some effort has also been made during the last three decades to train prisoners largely drawn
from among agriculturists in modern methods of agriculture and animal husbandry but, for
want of land, only limited progress could be made in this direction 4. Initially, payment of
wages to prisoners was opposed on the ground that they were already a burden on the State.
Gradually, the need for providing some motivation to prisoners was realized and it was
considered that some monetary reward would develop interest in work and provide the
necessary incentive, more so if the prisoner was allowed to use the earnings on himself or his
family. After independence, in some of the open prisons, prisoners are paid wages at market
rates out of which they pay to State their cost of maintenance. There is now a growing
realization that such liberal system of wages would provide greater incentive for higher and
better production.

Maharashtra was the first State to introduce in 1949 a very comprehensive system of wages.
The Apex Court in State of Gujarat & another v. Hon’ble High Court of Gujarat 5 observed,
“Reformation and rehabilitation is basic policy of criminal law hence compulsory manual
labour from the prisoner is protected under Art. 23 of the Constitution. Minimum wages must
be paid to prisoners for their labour after deducting the expenses incurred on them”.

REFORMATIVE MEASURES FOR PRISON INMATES

During the early years of Indian independence, the prison administration was using the
inmates as labour for their own development without considering the inmates requirements.
Thus, prisoners were their labour force. Later, it was realized that that the prison inmates may
be utilized for community services and productive work so as to earn their own living. Social

4
Chakrabarti Nirmal Kanti, Probation Services in the Administration of Criminal Justice,
1st edn., 1999, Deep & Deep Publication Pvt. Ltd, New Delhi, p-8
5
AIR 1998 SC 3164
isolation and confinement of prisoners in prison cells was reduced to a minimal as a
reformative prison policy.

As suggested by Pakwasa Committee, a Model Jail was established at Lucknow where the
prisoners were made to work on handloom machines and engaged in various other home
industries. The prisoners avail the facilities such as, furlough, ticket on leave, medical aid,
educational and occupational training etc. Thus, the modern Indian prison is an institution for
the treatment and reformation of inmates. Open Air Prisons and community are the latest
developments in this area which have been proved beneficial to prison community. Now, the
inmates enjoy considerable liberty in varying proportion depending on their perversity and
response to correctional methods.

The reformation and rehabilitation of prisoners is intended to bring about a behavioural

change in the prisoner’s perception about values, norms, attitudes through education, training,
treatment with a view to re-socialize and restore him to the community. There are broadly
two main goals of prisons:

 Custodial goal
 Rehabilitative goal.

Custodial goal requires incarceration of offenders in safe but humanly environment with a
view to punishing them for their crime and to deter them from indulging in criminal acts in
future. The rehabilitative goal emphasis on adoption of treatment and reformatory methods
for resocialization of the offender into the mainstream of social life after their release from
prison.

OVERALL STATISTICAL VIEW OF INDIAN PRISONS

The snapshot on prison statistics, published by the National Crime Record Bureau (NCRB)
New Delhi on 31st December 2011 shows that the details regarding various persons and
different categories of inmates in India are as follows:

Jails:

 Total Jails in India-1371

 Central Jails-133
  District jails-333
 Sub-Jails-809
 Open Jails-44
 Special Jails-19
 Other Jails-03

Total number of Jail Inmates:

Total Inmates in Indian Jails is 3,76,396 in which 3,60,995 are Males and 15.40% are
females,

 Mentally ill-368
 Convict-1,20,115 in which 1,16,057 males and 4,058 females.
 Undertrails-2,50,727 in which 2,39,714 males and 11,013 females.
 Detenues-7649
 Others-16039
 Total women inmates-9463
 Total foreign inmates -4,550 in which 1088 are convicted and 3,366 are undertrials,
96 Detainees.

CENTRAL JAIL

The criteria for a jail to be categorised as a Central Jail varies from state to state. However,
the common feature observed throughout India is that prisoners sentenced to imprisonment
for a long period (more than 2 years) are confined in the Central Jails, which have larger
capacity in comparison to other jails. These jails also have rehabilitation facilities.

Maharashtra and Tamil Nadu have the highest number of 9 Central Jails each followed by
Karnataka, Bihar, Madhya Pradesh, Rajasthan, and Delhi with 8 each. Arunachal Pradesh,
Meghalaya, Andaman & Nicobar Islands, Dadra & Nagar Haveli, Daman & Diu and
Lakshadweep do not have any Central Jails.

DISTRICT JAIL

District jails serve as the main prisons in States/UTs where there are no Central Jails. States
which have considerable number of District Jails are Uttar Pradesh (53), Bihar (30),
Maharashtra and Rajasthan (25 each), Madhya Pradesh (22), Assam (21), Jharkhand (17),
Haryana (16) and Karnataka (15).

SUB JAIL

Sub jails are smaller institutions situated at a sub-divisional level in the States. Ten states
have reported comparatively higher number of sub-jails revealing a well-organized prison
set-up even at lower formation. These states are Maharashtra (172), Andhra Pradesh (96),
Tamil Nadu (94), Madhya Pradesh (92), Karnataka (74), Odisha (66), Rajasthan (60), West
Bengal (31), Kerala (29) and Bihar (16). Odisha had the highest capacity of inmates in
various Sub-Jails. 8 States/UTs have no sub-jails namely Arunachal Pradesh, Haryana,
Manipur, Meghalaya, Mizoram, Sikkim, Chandigarh, and Delhi.

BORSTAL SCHOOL

Borstal Schools are a type of youth detention centre and are used exclusively for the
imprisonment of minors or juveniles. The primary objective of Borstal Schools is to ensure
care, welfare, and rehabilitation of young offenders in an environment suitable for children
and keep them away from contaminating atmosphere of the prison. The juveniles in conflict
with law detained in Borstal Schools are provided various vocational training and education
with the help of trained teachers. The emphasis is given on the education, training, and moral
influence conducive for their reformation and prevention of crime.

Ten States namely, Andhra Pradesh, Haryana, Himachal Pradesh, Jharkhand, Karnataka,
Kerala, Maharashtra, Punjab, Rajasthan and Tamil Nadu have borstal schools in their
respective jurisdictions. Tamil Nadu had the highest capacity for keeping 667 inmates.
Haryana and Himachal Pradesh are the only states that have the capacity to lodge female
inmates in 3 of their Borstal Schools. There are no borstal schools in any of the UTs.

OPEN JAIL

Open jails are minimum security prisons. Prisoners with good behaviour satisfying certain
norms prescribed in the prison rules are admitted in open prisons. Prisoners are engaged in
agricultural activities. 14 states have functioning Open Jails in their jurisdiction. Rajasthan
reported the highest number of 23 open jails. There are no Open Jails in any of the UTs.

SPECIAL JAIL

Special jails are high security facilities that have specialized arrangements for keeping
offenders and prisoners who are convicted of terrorism, insurgency, and violent crimes.
Special jail means any prison provided for the confinement of a particular class or particular
classes of prisoners which are broadly as follows:

 Prisoners showing tendencies towards violence and aggression.

 Difficult discipline cases of habitual offenders.
 Difficult discipline cases from a group of professional/organised criminals.

Kerala has the highest number of special jails - 9. Provision for keeping female prisoners in
these special jails is available in Tamil Nadu, West Bengal, Gujarat, Kerala, Assam,
Karnataka and Maharashtra.

OTHER JAILS

Jails that do not fall into the categories discussed above, fall under the category of Other Jails.
Three states - Goa, Karnataka & Maharashtra - have 1 other jail each in their jurisdiction. No
other state/UT has another jail. The capacity of inmates (male & female) reported by these
three States in such jails was highest in Karnataka (250) followed by Goa (45) and
Maharashtra (28).

LEGAL REGIME

Day-to-day administration of prisoners’ rests on principles incorporated in the Prisons Act of

1894, the Prisoners Act of 1900, and the Transfer of Prisoners Act of 1950. As per the
Prisoners Act 1900, “prison” includes any place which has been declared by the State
Government, by general or special order, to be a subsidiary jail 6. As per the Prisons Act 1894,
"Prison" means any jail or place used permanently or temporarily under the general or special
6
http://aasc.nic.in/acts%20and%20rules%20(goa)/Home%20Department/The
%20Prisoners%20Act,%20 1900
orders of a State Government for the detention of prisoners, and includes all lands and
buildings appurtenant thereto, but does not include – Any place for the confinement of
prisoners who are exclusively in the custody of the police; Any place specially appointed by
the State Government under section 541 of the Code of Criminal Procedure, 1882; or Any
place, which has been declared by the State Government, by general or special order, to be a
subsidiary jail7.

Any goal or place used permanently or temporarily under the general or special orders of a
State government for the detention of prisoners, under Section 417 of CrPC, 1973 and
includes all land and buildings thereto, but does not include:

 Any place for the confinement of prisoners who are exclusively in the custody of the
police.
 Any place specially appointed by the State government under Section 541 of the Code
of Criminal Procedure, 1882 (10 of 1882)8.

According to the transfer of Prisoners Act 1950, “prison” includes any place which has been
declared by a State Government, by general or special order, to be a subsidiary jail. Although
the terms “jail” and “prison” are sometimes used interchangeably, most members of law
enforcement distinguish between the two. Primarily, the difference is that a jail is used by
local jurisdictions such as counties and cities to confine people for short periods of time. A
prison, or penitentiary, is administered by the state, and is used to house convicted criminals
for periods of much longer duration. Both are part of a larger penal system which includes
other aspects of criminal justice such as courts, law enforcement, and crime labs.

SUGGESTIONS

 It should be realized that if jail services in respect of reformative schemes are

improved and facilities given, they can do a very important constructive job of
rehabilitation. Developmental activities of the prison department, particularly in
respect of welfare and production, should be incorporated in the five-year plans.

7
http://www.humanrightsinitiative.org/programs/aj/prisons/standards/acts/The
%20Prisons%20Act%2 01894
8
http://bprd.nic.in/writereaddata/linkimages/1445424768-Content%20%20Chapters
  The need for introducing radical changes in legal and administrative procedures to
prevent long detention of under trials has been stressed. Legal aid to needy prisoners
is also being given due importance. There is thus a clear trend to reduce the number of
under trials and to expedite their trial in recognition of their human rights.
 After-care for prisoners will assume greater importance when correctional
programmes in prisons are enforced properly. Both voluntary and statutory after-care
will have to be organised in future.

CONCLUSION

To conclude I would like to state that there is a need for a specific and specialized legislation
for defining and categorizing prisons and prisoners in India. The Prisoners in India are still
governed by the Prisons Act of 1894, the Prisoners Act of 1900, and the Transfer of Prisoners
Act of 1950, which three Acts do not even exhaustively define the kinds of prisons, nor do
they exhaustively define and categorize the different type of prisoners in India.

The Categorizing of the various kinds of prisoners and prisons for convicts, undertrial, would
I believe keep the under trials who might be not guilty away from the hardened criminals and
hence stop the formation of new criminals. Also putting limits on the prison time of various
undertrials by law would further ensure that the Criminal Justice delivery system becomes
swifter and would in conclusion led to less burdening of the prisons in India.

The acceptance of the form of categorization of prisoners in the United States or some form
of a modified system of categorisation of prisoners in United States, in India, will to a great
extent help in bringing down the burden on the Indian Prisons. It will also help to actually
treat the prisoner, rather than keep him untreated in prison.