Probation

In this case of Jugal Kishore Prasad v. The State of Bihar, The Hon’ble Supreme Court
explained the rationale of the provision: “The object of the provision is to prevent the
conversion of youthful offenders into obdurate criminals as a result of their association with
hardened criminals of mature age in case the youthful offenders are sentenced to undergo
imprisonment in jail.”

Admonition

Section 3 of the Probation of the Offenders Act,1958 deals with the power of court to
release the offender after admonition. An Admonition, in literal terms, means a firm
warning or reprimand. Section 3 says how the offender is benefited on the basis of
admonition after satisfying the following conditions:

When any person is found guilty of committing an offence under Section 379 or Section
380 or Section 381 or Section 404 or Section 420 of the Indian Penal Code,1860 or any
offence punishable with imprisonment for not more than two years, or with fine, or with
both, under the Indian Penal Code, or any other law

An offender should not previously be convicted for the same offence.

The Court considers the nature of the offence and the character of the offender.

The Court may release the offender on probation of good conduct applying Section 4 of the
Act, instead of sentencing him. And,

The Court may release the offender after due admonition, instead of sentencing him.

Case laws

Keshav Sitaram Sali v. State of Maharashtra-- it was held by the Supreme Court that in a
case of petty theft the High Court should have extended the benefit of either section 360 of
the Code of Criminal Procedure or sections 3 and 4 of the Probation of Offenders Act to the
appellant instead of imposing a sentence of fine on him.

In Basikesan v. State of Orissa,-- a youth of 20 years was found guilty of an offence

punishable under section 380 of Indian Penal Code, 1860 and no previous conviction was
proved against him. It was held by the court that the offence committed by the accused was

1
not out of deliberate preparation or design but it was a fit case for application of section 3
and he be released after due admonition.

Ahmed v. The State of Rajasthan – In this case, the court said that the benefit of the
Probation of the Offenders Act does not extend to anyone who has indulged in any activity
that resulted in an explosive situation leading to communal tension.

Probation on good conduct

Section 4 of the Probation of the Offenders Act,1958 talks about the release of the
offender on the basis of good conduct. It is a very important Section of the Act. The
important points that must be remembered for the application of this Section are:

Section 4 of the Act is not applicable if the offender is found guilty of an offence with death
or imprisonment for life.

The Court has to consider the circumstances of the case including the nature of the offence
and the character of the offender.

The court may pass a supervision order to release the offender on probation of good
conduct. The supervisory period is not to be shorter than one year. The probation officer
must supervise the individual for such a span in such a situation. In the supervisory order,
the name of the probation officer should be listed.

The Court can direct the offender to execute a bond, with or without sureties, to appear and
receive sentence when called upon during such period which should not exceed a period of
three years. The court may release the offender on good behaviour.

Case laws

Smt. Devki v. The State of Haryana,– In this case, it was observed that Section 4 would
not be extended to the abominable culprit who was found guilty of abducting a teenage girl
and forcing her to sexual submission with a commercial motive.

Phul Singh v. the State of Haryana,– In this case, the court held that the provision of
Section 4 should not be mistaken and applied easily in undeserving cases where a person in
early twenties commits rape. The court, thus, refused the application of probation on such
heinous nature of crime and convicted the person.

Cost and compensation

2
Section 5 of the Probation of the Offenders Act, 1958 says that if any person is released
under Section 3 or Section 4 of this Act, even then the court might order:

The offender to pay compensation to the victim for the loss or the injury occurred to him.
Or Cost of the proceeding as the court may think reasonable.

Offenders under 21 years of age

Section 6 of the Probation of the Offenders Act,1958 talks about the restriction on the
imprisonment of offenders under twenty-one years of age. This provision says that
offenders who are under 21 years of age are not sent to prison where the offence is not so
serious as to warrant imprisonment for life or death. Important points to be remembered
before the application of Section 6:

In cases where the accused is below 21 years of age, the Court shall call for the report of the
Probation Officer. If the court’s opinion is not desirable with offender either on the ground
of admonition (Section 3) or on the ground of release on probation of good conduct
(Section 4), the Court can pass sentence of imprisonment on the offender who is under 21 of
years ago but the Court cannot sentence him without recording reasons for doing so. The
Court has an obligation to see whether Section 3 or 4 of the Act applies or not. For this
purpose, the Court must call for the report of the Probation Officer. Therefore, the report of
the Probation Officer is mandatory when the offender is under 21 years of age.

The court considers the nature of the offence and the character, physical and mental
condition of the offender before making any decision.

Case laws --------Daulat Ram v. The State of Haryana– In this case, it was held that the
aim of this Section was to protect the youth. The juvenile offenders would not be sent to jail
if their crime was not as serious as to punish them with life imprisonment or death.
Therefore, the provision should be liberally construed keeping in view the spirit embodied
therein.

Report of probation officers

Section 7 of the Probation of the Offenders Act,1958 deals with the clause that the report
of the probating officer is kept confidential. No Probation Officer’s report is necessary to
apply Section 4 of the Probation of Offenders Act but such report is must under Section 6 of
Probation of Offenders Act if the offender is under 21 years of age. However, if such a
3
report is available on the record, under Section 4 of the Act, the Court shall not ignore it and
that the Court shall take the report into consideration.

Salient features of the Act

The most important salient feature of the act is

1 The Probation of Offenders Act of 1958 is aimed at modifying novice prisoners by

rehabilitating them in the society and avoiding the progression of juvenile offenders
into obdurate criminals under environmental control by locking them in prison with
hardened criminals.
2 This seeks to release first offenders, following proper admonition or notice with
advice who are suspected to have committed an offence punishable under Section
379, Section 380, Section 381, Section 404 or Section 420 of the Indian Penal Code
and even in case of any crime punishable with incarceration for not more than two
years, or with fine, or both.
3 The Act demands that the Court can order such compensation and the costs of the
prosecution for reimbursement by the accused as it finds fair for the damage or injury
to the victim.
4 This Act empowers the Court to free those prisoners on probation in good behaviour
if the crime supposedly perpetrated is not punishable by death or imprisonment for
life. He will, therefore, be kept under control.
5 The Act gives the Judge the right to modify the terms of the bail after a prisoner is
placed on probation with good behaviour and to prolong the probation period not to
exceed three years from the date of the initial order.
6 The Act offers extra protection for people under the age of twenty-one to prevent
sentencing him to prison. However, a person found guilty of a crime punishable by
life imprisonment can not have this clause.
7 The Act empowers the Court to grant a warrant of arrest or summons to him and his
guarantees compelling them to appear before the Court on the date and time stated in
the summons if the defendant placed on bail refuses to comply with the terms of the
bond.

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 8 Under the terms of this Act, the Act empowers the Judge to try and sentence the
defendant to jail. The High Court or any other Court may even make such an order
when the case is put before it on appeal or in revision.
9 The Act offers a significant function for probation officers to support the Court and
oversee the probationers under its supervision and to guide and support them in
seeking appropriate work.
10 The Act applies to India as a whole except for Jammu State and Kashmir. This Act

shall come into force in a State on such date as the Government of the State may
designate, by notice in the Official Gazette. It also gives state governments the right
to put the Act into force on multiple dates in different parts of the State.

The offence for which probation cannot be granted under the Act

There are certain cases in which the Probation of the Offender Act is not applicable. In
normal circumstances the Probation of the Offender Act is not applicable to:

Section 409, 467 and 471 of the Indian Penal Code – these Sections deal with breach of
trust by public servants, forgery of valuable security and will and documents used as a
genuine forgery. State Of Gujarat vs V.A. Chauhan, the court did not grant release of the
offenders on the basis of Section 3 and Section 4 of the Probation of the Offenders
Act,1958.

Probation of the Offenders Act,1958 does not grant the release on the grounds of kidnap or
abduction. In the case of Smt. Devki v. State of Haryana, it was observed that Section 4
would not be extended to the abominable culprit who was found guilty of abducting a
teenage girl and forcing her to sexual submission with a commercial motive.

The Act refrains from providing release of habitual offenders. In the case of Kamroonissa
v. the State of Maharashtra,the appellant was charged with the theft of gold. She was
punished by rigorous imprisonment. She was under 21 years of age. The probation officer
thus requested the court to grant her the release under Sections 3 and 4 of the probation of
the offender’s Act. The court refused the claim by addressing that the appellant had been
engaging in various crimes before and was arrested in 1971.

5
Section 325 of the Indian Penal Code – This Section speaks about the violence that causes
grievous hurt. Thus, the Probation of the Offender Act does not provide a release on this
basis.

Parole
INTRODUCTION

The word parole is derived from the French phrase “je donne ma parole”, which means “I
give my word,” and its dictionary definition is “word of honour”. Parole is the release of a
prisoner on the promise of good behaviour. It is granted to a prisoner either temporarily for
a specific purpose or permanently before the end of a sentence. It could only be given to a
prisoner who has already completed a part of their sentence. Parole laws in India are
administered by rules made under the Prison Act 1894, and Prison Act 1900. So, in India,
each state has its parole rules with some minor alterations from each other.

Types of Parole in India

There are two types of parole in India:

1. Custody or emergency parole

2. Regular parole

1. Custody or Emergency Parole

In cases of emergency, parole is granted while in custody. All convicted individuals, except
foreigners and those serving death sentences, are eligible for custody or emergency parole
for 14 days. It is granted in certain circumstances, such as the passing of a family member
(including grandparents, parents, sons, daughters, brothers, and sisters) and the marriage of
a family member (including sons, daughters, brothers, and sisters). However, the term of
emergency parole cannot be extended. In Custody Parole, the Prisoner is surrounded by the
Police for the specified time period. At the completion of the period, the prisoner will be
brought back to jail.

2.Regular Parole— In Regular Parole, the prisoner is released based on certain terms and
conditions. So, the Parolee (Prisoner) must follow the rules mentioned in the Parole. So, in

6
regular Parole, there are no police with the prisoner like in custody parole, therefore, it is
considered discretionary parole.

Certain Grounds for Regular Parole in India

1. Marriage of the family member of a convict.

2. Accident or Death of a family member of the convict.
3. Delivery of the child by the wife of the convict if there is no family member of the
convict to take care of the spouse at home.
4. Serious damage to the life or property of the family of the convict including the
damage caused by the natural calamities.
In the case of Regular Parole in India, the parolee must follow certain norms like:

1. Parolee cannot marry (if not married before the offense he has committed)
2. The parolee cannot go to bars or pubs for enjoyment.
3. A parolee must refrain from drugs and intoxication.
However, there are some convicts that are not eligible for release on parole in India:

1. Prisoners who have been involved in criminal activity against the state or the
prisoners currently involved in the criminal activity against the state.
2. Prisoners who are a threat to the national security of India.
3. Prisoners who are not citizens of India.
4. Prisoners who are convicted of multiple murder or the murder & rape of a child is
exempted from getting released on parole.

Laws Governing Parole in India

These laws provide the legal framework for the parole system in India and govern the grant
and revocation of parole, they are:

Code of Criminal Procedure (CrPC): It provides for the grant of parole to prisoners.
Section 432 of the CrPC gives the power to the state government to release a prisoner on
parole before the completion of their sentence. This power can be exercised at any time
after the prisoner’s conviction and can be granted for a specified period or until the
prisoner’s sentence is completed.

7
Section 433A of the CrPC specifies the eligibility criteria for the grant of parole. According
to this section, a prisoner who has completed one-third of their sentence (in case of general
crimes) or half of their sentence (in case of heinous crimes) may be released on parole.
However, this provision is subject to certain conditions, such as the absence of any pending
appeals or cases against the prisoner, and the submission of a satisfactory surety for the
prisoner’s release.

Prisons Act, 1894: It provides for the establishment of a parole board to evaluate the
prisoner’s case and decide whether to grant parole. Section 36 of the Prisons Act gives the
power to the state government to release a prisoner on parole before the completion of their
sentence.

Model Prison Manual: It is a set of guidelines issued by the Ministry of Home Affairs,
Government of India, for the management of prisons in India. The manual includes
provisions related to the grant of parole to prisoners. Chapter 27 of the Model Prison
Manual provides detailed guidelines for the grant of parole. According to these guidelines,
parole can be granted to prisoners based on the following grounds:

1. Family grounds: Parole can be granted to prisoners based on compassionate grounds,

such as visiting a seriously ill family member or attending a family function like a
wedding or funeral.

2. Medical grounds: Parole can be granted to prisoners who need medical

treatment that is not available in the prison hospital or to undergo medical tests or
surgery.

3. Other grounds: Parole can also be granted to prisoners for other reasons, such
as to pursue higher education or vocational training, to participate in sports or
cultural activities, or to settle family or business disputes. Section 4 specifies the
eligibility criteria, the procedure for applying for parole, and the conditions to be
followed during the parole period. Section 60A allows for the release of prisoners
on emergency parole in case of a natural disaster or other emergencies.

Nature and Scope of Criminology

8
 Nature

1. Interdisciplinary: Criminology draws knowledge from various fields, like

sociology, psychology, law, biology, economics, and anthropology. By using
multiple perspectives, criminologists get a well-rounded understanding of crime
and its causes.

2. Empirical: Criminology relies on research methods that involve gathering real-

world data and evidence to study criminal behavior and the criminal justice
system. This data-driven approach helps us discover crime patterns, understand
why crimes happen, and evaluate the effectiveness of crime prevention methods.

3. Theoretical: Criminology is based on theories that attempt to explain why people

commit crimes. Some theories focus on the idea of deterrence, while others
explore how social influences or personal experiences may lead individuals to
criminal behavior.

4. Applied: Criminological research is practical and applied to real-world problems.

Criminologists work with law enforcement agencies, policymakers, and social
service organizations to develop effective crime prevention strategies and improve
the criminal justice system.
5. Policy-Oriented: Criminology often has a policy-oriented focus. Research in this
field has a direct impact on the development and reform of criminal justice policies.
It informs lawmakers, judges, law enforcement agencies and correctional facilities in
making evidence-based decisions.
Scope

1. Crime Causation: Criminologists study the factors that contribute to criminal

behavior, such as poverty, social influences, mental health issues, or biological
factors.

2. Criminal Typologies: They examine different types of criminals, their

characteristics, and the patterns of crimes they commit. This knowledge can help
identify specific prevention strategies for different types of offenders.

9
 3. Victimology: Criminologists analyze the impact of crime on victims, their
experiences, and needs. Understanding victim experiences helps in designing
better support systems for victims.

4. Criminal Justice System: Criminology evaluates how the criminal justice system
works, including the police, courts, and corrections. It looks at how effectively the
system deals with crime and criminals.

5. Crime Prevention and Control: Criminologists develop and assess crime

prevention strategies, rehabilitation programs, and ways to reduce repeat offenses
(recidivism).

6. Comparative Criminology: This area involves comparing crime rates, criminal

justice policies, and cultural differences across different countries and societies to
identify effective approaches to crime control.

7. White-Collar Crime: Criminologists study non-violent crimes committed by

people in positions of trust or authority, such as embezzlement or corporate fraud.

8. Cybercrime: Criminology investigates crimes committed in the digital realm, like

hacking, identity theft, and online scams

Police
Recruitment and Training

Direct recruitment within the state police forces takes place at three levels: (i) Constables,
(ii) Sub-Inspectors, and (iii) Assistant or Deputy SPs(Superintendent of Police ) The state
governments are responsible for recruiting police personnel directly to the ranks of
Constables, Sub-Inspectors and Deputy SPs. The central government recruits Indian Police
Service (IPS) officers for the rank of Assistant SP. IPS is an All India Service created
under the Constitution. Vacancies at other positions (as well as at the ranks of Sub-
Inspector and Assistant/ Deputy SPs) may be filled up through promotions.

Training of the police

Training of the police forces is carried out in various kinds of state training institutes. For
example, states have: (i) apex institutes to train officers (i.e., Deputy or Assistant SP and
above rank personnel), (ii) police training schools for subordinate ranks and the
constabulary, and (iii) specialized schools for specific police units like traffic, wireless and
motor vehicle driving. In addition, some national training institutes run courses for capacity

10
building of state forces (e.g., Central Detective Training Schools in Kolkata, Hyderabad,
Chandigarh, Ghaziabad and Jaipur).

Powers of Police

The Code of Criminal Procedure, 1973 confers important powers on police officers. Power
to investigate, search and arrest are some of the powers.

 Registering FIR- Police has power to lodge FIR. Section 154 of the Code of
Criminal Procedure, 1973 says that police has to record the information related to
any cognizable offence.
 Power to investigate and procedure of investigation- Section 156 gives the power
to police officer to investigate any cognizable offence without the order of a
Magistrate and the proceedings of the police cannot be called in question on the
ground that this section does not empower police officer to investigate.
For investigation as mentioned under Section 156 of the Code, the police has to send a
report to the Magistrate first and then start the investigation. The police officer on
completion of investigation has to send the police report as per Section 173(2). The police
report should contain the following:

 names of the parties; nature of information;

 names of persons who appear to be acquainted with the circumstances of the case;
 whether any offence appears to have been committed and, if so, by whom;
 whether the accused has been arrested; whether he has been released on his bond
and, if so, whether with or without sureties;
 whether he has been forwarded in custody under section 170.
Investigation in non- cognizable offences can be carried out by police after an order has
been passed by the Magistrate.

 Power to inquire and report on suicide- Section 174 of the Code empowers police
to inquire and report the cases of suicide, or when has been killed by another
person, by an animal, machinery, accident or has died under circumstances raising
reasonable suspicion that some other person has committed an offence.
 Power to require attendance of witnesses- According to Section 160(1) of the
Code, police can order the witnesses (except the ones mentioned in the proviso to
Section 160(1)) to present before himself or any other person provided the order is
in writing, the person is acquainted with the facts of case and person is within the
limits of police station.
 Power of preventive arrest- Section 151 of the Code empowers police to arrest a
person without the orders of Magistrate if it appears to the police that the person is
planning to commit any cognizable offence.

11
 In Medha Patkar v. State[ii], the landowners of MP and some other people
gathered on road and were shouting slogans and their demands. Police arrested
those people along with women and children under Section 151. It was held that
there was no danger that the gathering will commit a cognizable offence so
arresting them was not in accordance with the provisions of Section 151 of the
Code and violated their Fundamental Right enshrined under Article 21.

Police-public relations

Police requires the confidence, cooperation and support of the community to prevent crime
and disorder. For example, police personnel rely on members of the community to be
informers and witnesses in any crime investigation. Therefore, police-public relations is an
important concern in effective policing. The Second Administrative Reforms Commission
has noted that police-public relations is in an unsatisfactory state because people view the
police as corrupt, inefficient, politically partisan and unresponsive.22

One of the ways of addressing this challenge is through the community policing model.
Community policing requires the police to work with the community for prevention and
detection of crime, maintenance of public order, and resolving local conflicts, with the
objective of providing a better quality of life and sense of security. It may include
patrolling by the police for non-emergency interactions with the public, actively soliciting
requests for service not involving criminal matters, community based crime prevention and
creating mechanisms for grassroots feedback from the community. Various states have
been experimenting with community policing including Kerala through ‘Janamaithri
Suraksha Project’, Rajasthan through ‘Joint Patrolling Committees’, Assam through ‘Meira
Paibi’, Tamil Nadu through ‘Friends of Police’, West Bengal through the ‘Community
Policing Project’, Andhra Pradesh through ‘Maithri and Maharashtra through ‘Mohalla
Committees’.18,22

Examples of community policing in India

Janamaithri Suraksha in Kerala

This project is an initiative of the Kerala Police to facilitate greater accessibility, close
interaction and better understanding between the police and local communities. For
example, Beat Constables are required to know at least one family member of every family
living in his beat area, and allocate some time to meet with people outside the police station
every week. Janamaithri Suraksha Committees are also formed with municipal councillors,
representatives of residents’ associations, local media, high schools and colleges, retired
police officers, etc. to facilitate the process.

Meira Paibi (Torch-bearers) in Assam

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 The women of the Manipuri Basti in Guwahati help with improving the law and order
problem in their area, by tackling drug abuse among the youth. They light their torches and
go around the basti guarding the entry and exit points, to prevent the youth of the area from
going out after sunset.

National Police Commission

The National Police Commission, was established in 1977. It has been the most significant
attempt to change India's police system.
The National Police Commission India (NPC) was established with an aim to cover the
police organisation, its functions, responsibility, roles, connection with the citizens, abuse
of power, and performance evaluation. The NPC was established as the first national
commission after India’s independence.
After the 1977 national elections, the NPC was commissioned by the Janata Party and
brought into effect by the Congress Party. From 1979 to 1981, the Commission issued eight
reports proposing extensive reforms to the existing Police structure.

Reasons for the National Police Commission (NPC)

On November 15, 1977, the National Police Commission India was formed with an aim to
improve the role and duties of the police under chairmanship of Shri C.V. Narasimhan. Its
goal was to investigate police issues and develop a thorough national review of the police
system.

Reports of NPC

The NPC proposed a total of eight reports.

First Report

The first report of the national police commission covers Complaints about police officers.
Any setup for reporting concerns against police must be deemed fair by the police and the
public administration. As a result, the Commission proposed provisions that included
investigations undertaken by departmental officials, including the services of an
independent jurisdiction outside of the police. In addition, the Commission recommended
mandatory judicial inquiry for some severe complaints and allegations of police officials,
including:

 death or severe hurt to a person in police custody.

 rape of a woman in the police custody
 death of more than two individuals due to police firing with dispersing of unlawful
gatherings and assemblies

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Second Report

The Appointment of the Criminal Justice Commission is discussed in the Second Report.
As per the NPC, the officers cannot accomplish successful results in their work until all
wings of the criminal justice system work effectively at the same time.
As a result, it is necessary to establish a body that would exhaustively evaluate the progress
of all departments and implement remedial steps as needed. The report discusses policy
responsibilities, political interventions, transfer and suspension orders, and chief police
selections.

Third Report

The third report makes recommendations for the police concerning the weaker sections of
society. The NPC has suggested that a special investigation department be established in the
police force to track the performance of investigations into cases under the Protection of
Civil Rights Act and other atrocities against Tribes and Scheduled Caste in this report. The
two integral points under this report are:

 Prevention of the possible breaching of public peace and law resulting from the no-
action against the alleged complaint about any non-cognizable offence
 To provide adequate protection to the people of a weaker section from injustice and
exploitation
Fourth Report

The National Police Commission’s fourth report includes the FIR registration, even if the
crime has taken place outside the respective jurisdiction or not.

 If required, the FIR reports can further be transferred to the concerned police station
 It is necessary to report the statements of the witnesses and use them as a mandatory
record in any investigation
 Returning the stolen property to the victims and empowerment to investigate the
simplified cases in the form of compound cases have a special mention in the fourth
report of NPC
In the fourth report of the NPC, the intimation for arrest, attendance of a witness, controlled
regulations for using third-degree methods, and regular court inspections are the primary
notified aspects.

Fifth Report

This report declares that the recruitment of police officers including constables, to the
officers of the Indian Police Services (IPS), must comprise a two-level procedure.

 In the recruitment process, the psychological testing of the candidates is mandatory at

each level

14
  In addition to this, the regular evaluation of the physical training of the selected
candidates is necessary
The report also states that the role and responsibilities of the district magistrate as a chief
coordinating authority is to control and direct each activity of police activity in the specific
jurisdiction. The reinforcement and inclusion of women’s police authorities in a complex
investigation are mentioned in the fifth report of NPC. The fifth report also mentions
mandatory transparency in all the police activities except certain secret operations and
judicial requirements.

Sixth Report

The National Police Commission of India’s sixth report mentions assessing officers’
promotion in constant intervals and establishing IPS cadres in paramilitary and other
associated organizations. The sixth report notes the police Commissionerate system for
specific locations and withdrawal of the trail of certain heinous cases to prevent communal
riots should be discouraged in certain situations. It also mentions prior reservations for
minorities and weaker sections in the police force to strengthen their position in society.

Seventh Report

The seventh report mentions the standards and norms of the police station regarding its
jurisdiction. The report also mentions the establishment of the Central police Committee,
enactment of regulatory laws for armed police forces, and structuring all Indian Police
institutes.

Eighth Report

The final report mentions the accountability of the police officials and the withdrawal of
protection under specific acts. It elaborates the enactment of the model police act and
detailed guidelines for the police to meet requirements.

Functions and Responsibilities of National Police Commission (NPC)

The following are the powers and functions of the National Police Service Commission:

 Recruiting and appointing people to hold or act in positions in the police force
 Verify appointments and make decisions about transfers and promotions within the
NPC
 Undertake any other duties mandated by national legislation
 Maintain disciplinary control and eliminate individuals holding or responding in
positions within the service while adhering to due process
 To investigate police discrepancies and unevenness, as well as to supervise police
entrance exams

Major Commissions on Police Reforms

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In India, several committees and commissions have been established over the years to
address the need for police reforms. Some of the notable initiatives taken include:

Ribeiro Commission 1998

o The Ribeiro Commission was set up post the directions of the Supreme Court in
Prakash Singh versus Union of India and others cases.
o It submitted 2 reports in 1998 and 1999.
o The major recommendations of the commission were:
o A Police Establishment Board is to be constituted in every state with DGP and
4 senior officers to monitor transfer, promotion, rewards, and punishment
issues.
o Replacing the Police Act of 1861 with a new Police Act.
o An Independent Police Recruitment Board is to be established in every state to
look into recruiting non-gazetted rank police officers.
o Quality training to improve the effectiveness of the police.

Padmanabhaiah Committee 2000

o The committee examined the issues in the police reforms and made various
recommendations. The major recommendations are:
o Decrease in the age of constables to be recruited.
o Retraining of the existing constabulary to imbibe the right attitudes and
compulsory retirement of constables unable to complete the training process.
o A Police Training Advisory Council is to be set up at the Centre and State
levels to advise on matters related to police training.
o Separation of investigation from law and order work.
o An Additional Superintendent of Police to look into crime and investigation
work.
o Crime prevention cells in every district would be manned by officers
specialized in crime prevention work.
o Nonstatutory District Police Complaints Authority to be set up.

Malimath Committee 2002-03

o The Malimath committee dealt with the criminal justice system of the country. It
made recommendations for reforms in the criminal justice system.
o The major recommendations are:
o Changes prescribed in Article 20 (3) of the Indian Constitution.
o The court should be provided with interrogation powers to get information in
case the accused refuses to answer.
o Publication of the Schedule to the Code in regional languages to make the
accused aware of his/her rights.
o Reduction in the vacations of the court owing to the pendency of cases.
o An Arrears Eradication Scheme for cases that have been pending for two years.
o A Presidential Commission is to be set up to conduct periodic reviews of the
country's Criminal System.

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Police Drafting Committee 2005

o The Police Drafting Committee was set up under the chairmanship of Soli Sorabjee.
It submitted its report in 2006.
o It was entrusted with the task of drafting a new Police Act.
o The major recommendations of the Police drafting committee were:
o State government to be responsible for the superintendence of police.
o The State Security Commission, as suggested by the National Police
Commission to be set up which would be called the State Police Board.
o The Director General of Police should be among the three senior officers
selected by the State Police Board.
o All officers are to be provided with a minimum tenure of two years,
irrespective of their date of superannuation.
o Power of transfer shall be vested depending on rank or post. Anyone below this
post shall not have the power to effect transfers.

Supreme Court Directions in Prakash Singh Vs. Union of India 2006

In 2006, the Supreme Court ordered all states and union territories to implement seven
directives. The first directive was to establish a State Security Commission to govern police
policies in each state. The second was to select the Director General of Police from a list of
the three most senior officers. The third was to have a minimum two-year tenure for
Inspector General and Superintendent of Police. The fourth was to separate investigation
police from law and order police. The fifth was to have a Police Establishment Board
handle transfers, postings, and promotions. The sixth was to create a Police Complaints
Authority for complaints against officers up to the Deputy Superintendent rank.

Prison
CLASSIFICATION OF PRISONERS
Prisoners can be categorized in three manners as under :-
3.1 Pre Trial Prisoners
3.2 Under trial prisoners
3.3 convicted prisoners
3.1 Pre trial prisoners
Pre trial prisoners are the accused, detained who are under the custody of the state for the
purpose of interrogation and investigation based on FIR or evidences found during the
investigation. They are in the custody of state for very limited period.
3.2 Under Trial Prisoners
Under trial prisoners are the prisoners who are in the Judicial custody i.e jail awaiting the
trial in their case. Their charge-sheet may or may not have been prepared by the police
authority or judiciary.
3.3 Convicted Prisoners
Convicted prisoners are the prisoners who are found to be guilty of some particular offence
which is committed by him after due process of law. They are punished by the competent
court as a penal action to be kept in prison.
Prison administration in India
crime rate in India is increasing at a rapid pace. But there are no adequate facilities in
various prisons in our country to accommodate such person at least by providing facilities
for a decent living inside the prisons. Even though there are certain rules and guidelines

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regarding prison system and administration, many of them are not enforced properly due to
the prevailing condition of prisons in India. Various surveys state that around 80% of the
prisoners are under trial prisoners, and the balance 20% includes people who are convicted
of various offenses as well as women prisoners. The present condition of many of the
prisons is that the prison authorities are unable to meet requirements of the prisoners. In the
light of such situation, it can be stated that it leads to an infringement of the fundamental
rights of prisoners to a great extent.

While going through judgments on various cases in connection with prison administration,
prisoners have undergone various ill treatments and negligence from the part of the prison
authorities. One among such cases are Neena Rajan Pillai v. union of India, wherein Mr.
Rajan Janardhan Mohandas pillai, who was one of the famous businessmen in Singapore,
died when he was undergoing judicial custody at the Cental Jail of Tihar. In this case, Court
was of a view that there is a clear case of violation of fundamental rights for the deceased
from the part of prison authority, and it lead to the death of the deceased. The court also
stated that during such situations wherein urgent medical assistance is required for the
prison inmates, necessary arrangements may be made without any delay or else it may lead
to an infringement of the right to life under Article 21 of the Constitution.

Various committees were formulated by the Government in order to look after the matters
inside prisons, which looked into the reforms and rehabilitation of prisoners as well as for
the proper administration in prisons.

Prison Reforms

The All India Jails Manual Committee 1957-59

The Government of India appointed the All India Jails Manual Committee to prepare a
model prison manual. The Jail Manual Committee's major recommendations touched upon
the following aspects".

 Headquarters organization.
 Diversification of institutions based on sex, age, criminal record, security
condition, and treatment.
 Accommodation.
 Constitution of Advisory boards.
 Recruitment, selection and training of prison personnel.
 Vocational training.
 After care and rehabilitation.
 Categorization of prisoners (i.e. UTP, women, life convicts, habitual
offenders, lunatics, juveniles etc.).
PRISONERS ACT, 1900
 "The object of this Bill is merely to consolidate the several recommendations relating
to prisoners

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Functions Of Prison
The legal system of the India is always based on the non violence, mutual respect for each
other and treating other human with dignity. If a person commits crime that does not means
that the person stops or barred from been a human being or becomes a non- human or non-
person, he cannot deprived from personal liberty. The prisoners are also entitled for the
human rights because torture is a confession to the failure of the justice system.

Article 21 of the Constitution of India guarantees personal liberty and prohibit all kinds of
inhuman, cruel, and degrading treatment towards any person whether an Indian national or
an alien. The violation of this Article would attract the article 14 of the Constitution of India
which talks about the right to equality and equal protection under the law. The rights of
prisoners are covered under the Prison Act, 1894.
Prisons have the function of upholding the rights of the prisoners which are as follows:
Right To Legal Aid:
The human rights and personal liberty are of no use if person not getting the proper legal
aid to enable that they have proper access of justice in case of violation of their rights. Legal
aid is a legal right of every person it is not a charity. The main purpose of legal aid is that
justice should be administered properly and easily available and accessible.
It should be ensure that legal aid is available for all persons who want to enforce their
rights. Legal aid provides an opportunity to the Indian society for the redressal of the
damages of the poor and the needy and establishes the foundation of rule of law. Judiciary
plays a important role in the development of the concept of legal aid and expand its scope.
In the case of M.H. Wadanrao Hoskot vs. State of Maharashtra AIR 1978 SCC 1548,
(1978) 3 SCC 544 the court held that the right to legal aid is the basic necessity of free trail.
It should be free for indigent and poor accused.
Right To Speedy Trial:
This is a most important fundamental right of prisoners. This right is implied in the Article
21 of the Constitution of India. This aspect covers the both social interest as well as public
interest.
In the case of Hussainara Khatoon vs. State of Bihar 1979 AIR 1369, 1979 SCR (3) 532
this case laid down the foundation for ensuring speedy justice after seen that there are large
number of cases of men, women and juveniles are pending and men, women and juveniles
are still in prison.
In the case of Mathew Areeparmtil and others vs. State of Bihar 1984 AIR 1854, 1985
SCR (1) 776 the court passed an order for the release of those persons who are in prison and
their case was still pending. In this case Court had seen that there were large number of
people who have committed offences and still waiting for trial of minor offences.
In the case of Raj Deo Sharma vs. State of Bihar (1998) 7 CC 507 Supreme Court issued
following directions:
If the trail is of the committed offence for which the period of imprisonment exceeds the
seven years then the court should close the prosecution evidence within two years from the
date of he record of plea , no matter that accused was in jail or not.
The trail court have power to release the accused on bail on certain conditions if the accused
was in jail for the half of the period of punishment as mention for that offence which was
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committed by accused.
If the offence has been in trail is punishable with imprisonment for a period exceeding 7
years then the prosecution must close the evidence within three years from the date of the
recording of the plea, no matter accused was in jail or not.
Right Against Solitary Confinement And Protection From Torture:
There is a prohibition of separate or solitary confinement of the prisoner or the complete
isolation of the prisoner from the entire society. Torture is the something that was consider
normal by an investigating officer or agency for the confession. Morally it shows the burden
of the stronger over the weaker.
In Prem Shankar Shukla vs. Delhi Administration 1980 AIR 1535, 1980 SCR (3) 855 in
this case the appellant are in an under trial prisoner in Tihar jail. He was supposed to be
taken from the jail to the magistrate and come back to the prison periodically in relation to
the certain cases that are pending against him. In such cases handcuffs should not be
permitted or practiced if there is no warrant. The Supreme Court held that handcuffs must
be used only as a last alternative.
In the case of D.K. Basu vs. State of West Bengal 1997 1 SCC 416 the court held that
torture during custody is a gross violation of human dignity and is degrading to the
individual personality. The right to life and liberty is an expression of human right. So, the
court held that no person who is arrested can be detained in custody without giving him
knowledge and information about the grounds of the arrest and he should not be denied for
the right of the legal practitioner.
The powers and duties of prison officers in India are primarily governed by various statutes
and rules.
The main legislation that outlines the powers and duties of prison officers is the Prisons
Act, 1894.
Additionally, each state may have its own set of rules and regulations governing prison
administration.
Here are some of the powers and duties of prison officers in India
The powers and duties of prison officers in India are primarily governed by various statutes
and rules.
The main legislation that outlines the powers and duties of prison officers is the Prisons
Act, 1894.
Additionally, each state may have its own set of rules and regulations governing prison
administration.
Here are some of the powers and duties of prison officers in India

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