PRISON SYSTEM
Comprehensive Notes for 15-Mark Answer
1. Origin & Meaning of 'Prison'
• The word 'prison' comes from the French word prisoun.
• A formal prison system is believed to have not existed before the 11th century.
• In England, traces of a prison system appear before 1056, but written records only begin post-1225.
USA – Jail vs. Prison
• In the USA, the term 'penitentiary' is used instead of prison — coined around 1770.
• A religious sect believed that Bible study during confinement helped repentance and self-reflection
— hence the name penitentiary.
• Jail – Temporary holding for accused persons awaiting trial or in transit. Used for sentences less
than 1 year. Found at district/sub-district level.
• Prison – Permanent institution with basic facilities for convicted persons serving longer sentences.
Focus is on reformation and social rehabilitation.
2. Prison System in India – Pre-British Era
• Before British rule, imprisonment was NOT a common punishment in India.
• During the Mughal era, confinement existed but main punishments were mutilation, death, and
flogging.
• In both Mughal and Maratha empires, prison was only a temporary arrangement for undertrial
accused.
Mughal Criminal Law
• Based largely on Quranic verses. Three categories of offences:
– Offences against God – Most severe category.
– Offences against the State – Intermediate.
– Offences against Individuals – Least grave.
3. Development of Prison System Under British Rule
• Formal prison system began after 1784. At that time, only 143 jails existed in India.
First Committee on Jail Reforms (1835) – Prison Discipline Committee
• Recommended by Lord Macaulay.
• Report submitted in 1838 — criticized the use of prisoners for forced labour (especially road
repairs).
• Led to creation of the post of Inspector General of Prisons — temporarily in 1844, made
permanent in 1850.
• Recommended appointing Inspectors General of Police in each province to oversee jail staff and
prevent corruption.
Second Jail Reforms Committee (1862)
• Focused on insanitary conditions, unhygienic food, and deplorable clothing for prisoners.
Third Jail Inquiry Committee (1877)
• Further committees followed in 1890 and 1892.
• All these recommendations collectively led to the Prisoners Act, 1894.
Jail Reforms Committee of 1919–20 (Chaired by Alexander Cardew)
• Recommended establishment of Borstal Schools for juvenile offenders.
• Undertrials to be kept separate from convicted persons.
• Offenders to be classified as habitual or occasional.
• Solitary confinement to be discontinued.
• Punishment of exile to be abolished.
• Prisoners below 29 years to be given education and skill development opportunities for reformation.
4. Key Legislation Governing Prisons in India
Prisons Act, 1894
• First legislation for prison management in India — still considered a foundational law.
• Covers prison discipline, classification of prisoners, and basic living conditions.
• Section 3 – Definitions:
– Prison – Any jail or place used permanently or temporarily under State Government orders for
detention of prisoners. Includes all land and buildings attached to it.
– Does NOT include: places of police custody, places specially appointed under Section 541 of CrPC
1882, or subsidiary jails declared by State Government.
– Criminal Prisoner – Any prisoner committed to custody by a court or authority exercising criminal
jurisdiction, or by Court-Martial order.
– Convicted Criminal Prisoner – A criminal prisoner who is under sentence of a court or
court-martial. Includes persons detained under Chapter VIII of CrPC 1882.
– Civil Prisoner – Any prisoner who is NOT a criminal prisoner.
– Remission System – Rules for awarding marks to prisoners leading to shortening of sentences.
– History-Ticket – A ticket maintaining required information about each prisoner.
– Inspector General – The Inspector General of Prisons.
– Prohibited Article – Any article whose introduction or removal into/from prison is prohibited by rules
under this Act.
• Section 4 – State Government must provide accommodation in prisons constructed to comply with
requirements regarding separation of prisoners.
• Section 5 – An Inspector General shall be appointed for each State, to exercise general control and
superintendence over all prisons in that State.
• Section 6 – Every prison must have a Superintendent, Medical Officer, Medical Subordinate, Jailer,
and other officers as the State Government thinks necessary.
Prisoners Act, 1900
• Deals with transfer and removal of prisoners from one state to another.
• Covers provisions for prisoners with health issues, parole, and handling of mentally ill inmates.
Transfer of Prisoners Act, 1950
• Enacted post-independence.
• Allows transfer of prisoners between states and between India and foreign countries with which
India has agreements.
• Aims to manage prison populations and facilitate repatriation of foreign prisoners.
Note: Prison is a State Subject under the 7th Schedule, Entry 4 of the Constitution of India. This means
states are responsible for maintaining and supervising prisons. Many states have their own Prison
Manuals in addition to central legislation.
5. Supreme Court's View on Prisoners' Rights
• The Supreme Court of India has, over the decades, examined the prison system in independent
India.
• Key principle laid down: Prison should not be a place where an accused is 're-punished'
through poor hygiene, bad living conditions, or a degrading environment.
• A prisoner does not lose their identity as a human being. Therefore, their fundamental and human
rights must be equally protected.
Note: The Supreme Court's interventions have pushed prison administration towards humane treatment,
access to legal aid, and minimum standards of living for inmates.
6. Types of Jails in India
• India has 8 major types of jails, classified based on security, inmate type, and purpose.
1. Central Jails
• Largest and best-equipped prisons in a state.
• For inmates serving 2 years or more (varies by state).
• Better infrastructure, rehabilitation programs, vocational training.
• Highest number in: Karnataka, Maharashtra, and Tamil Nadu.
• Union Territories do NOT have Central Jails.
2. District Jails
• Primary penitentiary in states where there is no Central Jail.
• Houses undertrial prisoners and short-term convicts.
• Uttar Pradesh has the highest number — 63 district jails.
3. Sub-Jails
• Located at the sub-divisional level.
• Used for undertrials and those serving short sentences.
4. Women Jails
• Exclusively for female inmates, though women can also be housed in other jails.
• Special facilities including childcare are provided.
• Rajasthan (3) and Uttar Pradesh (1) have dedicated women's jails.
5. Borstal Schools (Juvenile Jails)
• Designed for juvenile offenders and young persons in conflict with the law.
• Focus on reform, not punishment — education, vocational training, rehabilitation.
• Separates young offenders from hardened criminals.
6. Open Jails (Open Prisons)
• Minimum-security prisons for prisoners who have shown good behaviour.
• Inmates can work outside during the day and return in the evening.
• Focus on rehabilitation and reintegration into society.
7. Special Jails
• High-security prisons for state-related crimes — terrorism, sedition, espionage, etc.
• Also houses hardened criminals, repeat offenders, and organized crime groups.
• Highest number found in Kerala.
8. Other Jails
• Jails that don't fit into the above categories.
• Found in Goa, Karnataka, and Maharashtra.
7. Jails Based on Security Level
Maximum Security Jails
• For high-risk, hardened criminals — terrorists, repeat offenders, organized crime.
• Strict surveillance, high walls, armed guards, and strict routines.
• Includes Special Jails and certain Central Jails.
Medium Security Jails
• Largely phased out now — previously an intermediate category.
• Inmates were involved in self-management — canteen and internal operations run by prisoners.
• A semi-autonomous system with a vague labour and wages arrangement.
Minimum Security Jails
• Open Jails — for well-behaved, low-risk inmates.
• Inmates allowed to go outside for work during the day.
• Focus on rehabilitation, reintegration, and trust-based discipline.
• Includes Open Jails and Borstal institutions.
8. Primary Functions of Jails
A. Institutional Measures
• Imprisonment – Confinement in jail as a punishment.
• Rigorous Imprisonment – Confinement involving compulsory hard labour as part of the sentence.
B. Non-Institutional Measures
• Probation – Conditional release under supervision instead of serving time in jail.
• Parole – Temporary release of prisoners on specific conditions before the sentence is completed.
• Community Service – Offenders serve the community through unpaid labour as part of their
sentence.
Quick Revision – Key Points for 15-Marker
• Word 'prison' → French word prisoun. No formal system before 11th century.
• USA: 'penitentiary' coined ~1770 by a religious sect emphasizing Bible study for repentance.
• India pre-British: prison was NOT common. Main punishments were death, mutilation, flogging.
• Formal system in India started after 1784 with only 143 jails.
• Key reform committees: 1835 (Macaulay), 1862, 1877, 1890, 1892, 1919-20 (Cardew).
• Three foundational laws: Prisons Act 1894 | Prisoners Act 1900 | Transfer of Prisoners Act 1950.
• Prison = State subject → 7th Schedule, Entry 4. States have their own Prison Manuals.
• Supreme Court: Prisoners do not lose human rights. Prison must maintain dignity.
• 8 types of jails: Central, District, Sub, Women, Borstal, Open, Special, Others.
• 3 security levels: Maximum (Special/Central Jails), Medium (phased out), Minimum (Open Jails).
• Functions: Imprisonment, Rigorous Imprisonment (institutional); Probation, Parole, Community
Service (non-institutional).