1.

Wergild: the price set on a man's life in successive Anglo-

Saxon and Germanic law codes, to be paid
as compensation by his slayer

2. Theories of punishment:

a. Ancient
b. Medieval
c. Modern

Types of Punishment:

3. Death penalty
4. Imprisonment of life
5. Imprisonment
A. Simple
B. Rigorous
6. Forfeiture of property
7. Fine

District jails
Sub-jails (sub-divisional jails): small institutions situated in sub-divisions of
the state and these jails have well organised and better set up. Administration
can function more efficiently in these jails. 9 states that have high number of
sub-jails in India, Maharashtra being at the top. 7 states and UTs do not have
any sub jails. Mizoram, Nagaland, Meghalaya, Sikkim.

Central jails

Open jails: Indian constitution, “REASONABLE CLASSIFICATION.”

Problem is that these jails have minimum security and according to the
Rajasthan prison rules, open jails have no wall, locks, bar. But in these jails
only those are kept who have been convicted but have a good behaviour and
after they satisfy the norma which is based on the State rules. They are shifted
to the open jails after their behaviour is closely observed. [loneliness is the
main reason to bring such a reform in the prisons because loneliness is the
factor that drives an inmate to commit suicide in prison. This happens
because of psychological effect of loneliness]. In open jails they do
agricultural work or other carpentry of handicrafts work to keep them occupied.
They are paid for the work they do while in open prison. Here they perform
works as per the directions of the administrative and other higher authorities of
the jail. First open jails was in Kerala by Home Minister of Kerala in
Thiruvananthapuram in 1962. The first Open Prison was established at
Nettukaltheri, Trivandrum on 28 August 1962. The first Women's Prison
was established at Neyyattinkara, Trivandrum in 1990. The first Inspector
General was appointed on 1 April 1953 and made independent in the
discharge of function as per the provisions in the Prisons Act. There are no
Open jails in the Union Territories in India till date. In 2017 the SC directed the
centre to open more open jails in India. (try to incorporate the past and the
development in prison and prison administration in India along with the
punishments from past to present).
 MODULE 2:
TRANSFER OF PRISONER ACT
The Prisoners Act, 1900 consolidated the law relating to prisoners, who were
designated so due to the order of a Court. As Section 29 of the Prisoners Act, 1900
covered only intra-state transfer of prisoners, the Parliament enacted the Transfer of
Prisoners Act, 1950. The Transfer of Prisoners Act, 1950 provides only limited
grounds for transfer and in specific circumstances, and they too can only be initiated
by the ‘appropriate government’. Therefore, the question “what is an appropriate
government?” becomes important to answer

Rule of law: All are equal, and no one is above the law.

The reasons for complete justice, the court may whenever require
transport the prisoner. The judge can call upon any convict in the name of justice to
enquire about the matter in the court. Also, where the convict is not safe, the court
may move an application to move the prisoner to one prion to the other or from one
stat prion to the other state prison. This is done to safeguard the rights of the prisoners
when under a termed imprisonment. The transfer also depends on the location where
the case is being heard irrespective of the location of the court.

1. Definition of Prison
Prison is any place includes any place which has been declared by a State
Government, by general or special order to be a subsidiary Jail.
2. Where any person

Section 3:
(1) Where any person is confined in a prison in a State,
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of imprisonment or transportation, or
(c) in default of payment of a fine, or,
(d) in default of giving security for keeping the peace or for maintaining good
behavior: Government of that State may, with the consent of the Government of
any other State, by order provide for the removal of the prisoner from that
prison to any prison in the other State.
(2) The Officer in charge of the prison to which any person is removed under sub-
section (1) shall receive and detain him, so far as may be according to the exigency of
any writ, warrant or order of the Court by which such person has been committed or
until such person is discharged or removal in due course of law.
Explanation:
On the basis of good behavior as well, the prisoner can be transported.

MODEL PRISON ACT, 2023

As per the provisions of Constitution of India, ‘prisons’/ ‘persons detained therein’ is a
'State' subject. The responsibility of prison management and prisoners’ administration
solely vests with State Governments who alone are competent to make appropriate
legislative provisions in this regard. However, given the critical role that efficient
prison management plays in the criminal justice system, the Government of India
attaches high degree of importance to supporting the States/UTs in this regard.
With the objective of holistically providing guidance and addressing the gaps in the
existing Prisons Act, including the use of technology in prison management, making
provisions for grant of parole, furlough, remission to prisoners to encourage good
conduct, special provision for women/ transgender inmates, physical and mental well-
being of prisoners and focus on the reformation and rehabilitation of inmates, etc.

Some salient features of the new Model Prisons Act are as follows:

i. Provision for security assessment and segregation of prisoners, individual

sentence planning,
ii. Grievance redressal, prison development board, attitudinal change towards
prisoners.
iii. Provision of separate accommodation for women prisoners, transgender, etc.
iv. Provision for use of technology in prison administration with a view to bring
transparency in prison administration.
v. Provision for video conferencing with courts, scientific and technological
interventions in prisons, etc.
vi. Provision of punishment for prisoners and jail staff for use of prohibited items
like mobile phones etc. in jails.
vii. Provision regarding establishment and management of high security jail, open
jail (open and semi open), etc.
viii. Provision for protecting the society from the criminal activities of hardened
criminals and habitual offenders, etc.
ix. Provision for legal aid to prisoners, provision of parole, furlough and premature
release etc. to incentivise good conduct.
x. Focus on vocational training and skill development of prisoners and their
reintegration into the society.

This new act, emphasizes on prions for security, the security regarding their rights,
segregation of prisoners on their gender, age etc.. provisions for reforms are also made
under this Act. During the course of this termed imprisonment, if the prisoner faces
any difficulties, he may move an application to the higher authorities or the higher
courts as the case may be for grievance redressal.
This Act also provides for separate facility for women and transgender prisoner. The
main reason for this is HEALTH ISSUES. Separate accommodation for them.
Provision for the use of technology to bring efficiency in administration within the
Prisons in India. A BALANCED APPROACH has been initiated under this Act to
maintain balance between the Prison Authorities and the convicts.

Charles Sobhraj v. The Supt., Central Jail, Tihar (AIR 1978 SC CRI R 416)
“Right to life is more than mere animal existence and vegetative subsistence.”

Salient Features and importance of the Prisoners Act, 1900

The Prisoners Act, 1900, is an important piece of legislation that governs various
aspects related to the treatment and rights of prisoners in India. Here are some salient
features and the importance of the Prisoners Act, 1900:

1. **Regulation of Imprisonment Conditions**: The Act lays down provisions for

the regulation of imprisonment conditions, including the treatment of prisoners,
accommodation, food, clothing, and medical facilities. It ensures that basic human
needs are met and that prisoners are treated with dignity and respect.
2. **Classification and Separation of Prisoners**: The Act provides for the
classification and separation of prisoners based on factors such as age, gender, nature
of offense, and behaviour. This helps in maintaining order within prisons and ensures
the safety and well-being of inmates.
3. **Appointment of Inspectors**: The Act empowers the government to appoint
inspectors to visit and inspect prisons regularly. Inspectors are tasked with assessing
the conditions of prisons, including hygiene, sanitation, and compliance with legal
provisions. This helps in monitoring and improving the standards of prison
administration.
4. **Legal Rights of Prisoners**: The Act recognizes the legal rights of prisoners,
including the right to legal representation, access to courts, and communication with
legal advisers. It ensures that prisoners have a fair opportunity to defend their rights
and interests within the criminal justice system.
5. **Prohibition of Corporal Punishment**: The Act prohibits the use of corporal
punishment and other forms of cruel, inhuman, or degrading treatment of prisoners. It
emphasizes the importance of humane treatment and rehabilitation of offenders, rather
than punitive measures.
6. **Rehabilitation and Reintegration Programs**: The Act encourages the
implementation of rehabilitation and reintegration programs for prisoners to facilitate
their successful transition back into society upon release. These programs may include
vocational training, skill development, counseling, and support services.
7. **Protection of Juvenile Offenders**: The Act contains provisions for the
protection of juvenile offenders, including separate facilities and treatment tailored to
their age and needs. It recognizes the vulnerability of juveniles and emphasizes their
rehabilitation and reintegration into society.
8. **Promotion of Accountability and Transparency**: By establishing regulations
and procedures for the administration of prisons, the Act promotes accountability and
transparency in the management of prison facilities. It helps in preventing abuse,
corruption, and misuse of power within the prison system.
Overall, the Prisoners Act, 1900, plays a crucial role in ensuring the fair and humane
treatment of prisoners, protecting their rights, and promoting rehabilitation and
reintegration into society. It reflects the commitment of the Indian legal system to
uphold principles of justice, dignity, and human rights, even in the context of
incarceration.

ADMINISTRATIVE ORGANISATION
OF PRISONS:
The administrative organization of prisoners refers to the structure and framework
within which prisons are managed and operated. In most countries, including India,
the administrative organization of prisoners typically involves several key
components:
1. **Prison Administration**: At the top level, there is a prison administration
responsible for overseeing the management and operation of all prisons within a
jurisdiction. This may be a department or ministry within the government tasked with
formulating policies, regulations, and guidelines related to prisons.

2. **Prison Authorities**: Each individual prison is overseen by a designated

authority, such as a superintendent or warden, who is responsible for the day-to-day
administration of the facility. The prison authority is in charge of maintaining
discipline, ensuring security, and implementing policies and procedures within the
prison.

3. **Staffing**: Prisons employ a variety of staff members to carry out different

functions. This includes correctional officers responsible for security and maintaining
order within the facility, administrative staff who handle paperwork and logistics,
healthcare professionals to provide medical services to inmates, and support staff for
tasks such as cooking, cleaning, and maintenance.

4. **Classification and Rehabilitation Units**: Many prisons have units or

departments dedicated to classifying inmates based on various factors such as age,
gender, criminal history, and behavior. These units also often oversee rehabilitation
and reintegration programs aimed at reducing recidivism and preparing inmates for
life after release.

5. **Inspectorate**: Some jurisdictions have an inspectorate or oversight body tasked

with monitoring and inspecting prisons to ensure compliance with laws, regulations,
and standards. Inspectors may conduct regular visits to prisons, investigate complaints
or incidents, and report on the conditions and treatment of inmates.

6. **Legal and Human Rights Organizations**: External organizations, such as legal

aid groups, human rights organizations, and prisoner advocacy groups, may also play
a role in the administrative organization of prisoners by providing legal assistance,
monitoring conditions, and advocating for the rights of inmates.

7. **Reintegration Services**: Upon release, many jurisdictions provide reintegration

services to help former inmates reintegrate into society. These services may include
assistance with finding employment, housing, healthcare, and counseling to address
any underlying issues that may contribute to re-offending.
Overall, the administrative organization of prisoners involves a complex interplay of
various entities and stakeholders working together to ensure the safe, secure, and
humane management of prisons, as well as the rehabilitation and reintegration of
inmates into society.
In the administrative organization of prisons, various roles are essential for the
effective functioning and management of the facilities. These roles encompass
different functions such as executive, custodial/guardian, technical, recruitment, and
support staff. Below is an outline of each role and its relevance within the prison
system:

1. **Executive Staff**:
- **Responsibilities**: Executive staff members are responsible for the overall
management and administration of the prison system. They develop policies,
procedures, and guidelines for the operation of prisons, allocate resources, and ensure
compliance with laws and regulations.
- **Positions**: This category may include officials such as prison commissioners,
directors, or administrators who oversee the entire prison system within a jurisdiction.

2. **Custodial/Guardian Staff**:
- **Responsibilities**: Custodial or guardian staff members are primarily
responsible for maintaining security, discipline, and order within the prison facility.
They monitor inmates, enforce rules, conduct searches, and respond to emergencies.
- **Positions**: Correctional officers, wardens, and other security personnel fall
under this category.

3. **Technical Staff**:
- **Responsibilities**: Technical staff members provide specialized services within
the prison, such as healthcare, counseling, vocational training, and educational
programs. They focus on rehabilitation and reintegration efforts to prepare inmates for
successful reentry into society.
- **Positions**: Healthcare professionals (doctors, nurses), psychologists, social
workers, educators, vocational trainers, and counselors are examples of technical staff
members.
4. **Government Employees**:
- **Responsibilities**: Government employees working in prisons may have
diverse roles, including administrative support, maintenance, logistics, and
procurement. They assist in the day-to-day operations of the facility, ensuring smooth
functioning.
- **Positions**: Administrative assistants, clerks, maintenance workers, drivers, and
procurement officers are among the government employees in prisons.

5. **Wardens**:
- **Responsibilities**: Wardens are senior officials responsible for the overall
management of a specific prison facility. They oversee various aspects, including
security, inmate management, staff supervision, and adherence to policies and
procedures.
- **Positions**: Wardens are typically appointed at each prison facility and hold a
leadership role within the custodial staff.

6. **Recruitment Staff**:
- **Responsibilities**: Recruitment staff are involved in the hiring process for
positions within the prison system. They advertise job vacancies, screen applications,
conduct interviews, and facilitate the selection and appointment of qualified
candidates.
- **Positions**: Human resources personnel, recruitment officers, or designated
staff members handle recruitment processes within the prison administration.

Each of these roles is crucial for the efficient and effective functioning of the prison
system. They work together to ensure the safety, security, and rehabilitation of inmates
while upholding legal standards and respecting human rights.

Direct entry into a prison typically refers to individuals who have authority or
specific responsibilities within the facility. These positions may include:

1. **Correctional Officers**: These are the frontline staff responsible for maintaining
security, discipline, and order within the prison. They monitor inmates, enforce rules,
conduct searches, and respond to incidents.
2. **Wardens**: Wardens are senior officials who oversee the overall management of
a specific prison facility. They have authority over correctional officers and other staff,
manage the daily operations of the prison, and ensure compliance with policies and
procedures.

3. **Healthcare Professionals**: Doctors, nurses, psychiatrists, and other healthcare

professionals have direct entry into prisons to provide medical care and treatment to
inmates. They address physical and mental health needs, administer medications, and
respond to emergencies.

4. **Psychologists and Counselors**: Psychologists, social workers, and counselors

have direct access to prisons to provide mental health services, counseling, and
therapy to inmates. They help address issues such as trauma, addiction, anger
management, and rehabilitation.

5. **Educators**: Teachers and educators enter prisons to provide educational

programs and classes to inmates. These programs may include literacy courses, GED
preparation, vocational training, and life skills workshops to support the rehabilitation
and reintegration of inmates.

6. **Visiting Officials**: Government officials, inspectors, legal representatives, and

other authorized visitors have direct entry into prisons for various purposes, including
inspections, investigations, legal proceedings, and monitoring of conditions.

7. **Maintenance and Support Staff**: Maintenance workers, janitors, administrative

staff, and other support personnel have direct access to prisons to perform essential
tasks such as cleaning, repairs, administrative duties, and logistical support.

These individuals are granted access to prisons based on their roles and
responsibilities, and they play important roles in the functioning and management of
the facilities.
Certainly, here are the positions of Director General and Superintendent of Police (SP)
with direct entry into prisons:

1. **Director General (DG)**:

 - **Responsibilities**: The Director General of Prisons is a senior administrative
position responsible for overseeing the entire prison system within a jurisdiction. They
formulate policies, manage resources, and ensure compliance with laws and
regulations governing prisons.
- **Direct Entry**: As the highest-ranking official in the prison administration, the
Director General has direct access to prisons and authority over all aspects of their
operation. They may visit prisons to conduct inspections, review procedures, and
provide guidance to prison staff.

2. **Superintendent of Police (SP)**:

- **Responsibilities**: The Superintendent of Police (SP) is a senior law
enforcement officer responsible for maintaining law and order within a district or sub-
division. In the context of prisons, the SP may have jurisdiction over the security and
external affairs of prison facilities within their area of authority.
- **Direct Entry**: The SP has direct entry into prisons for purposes such as
security assessments, investigations, and coordination with prison authorities. They
may visit prisons to monitor security arrangements, address security concerns, and
collaborate with prison officials on matters related to law enforcement and public
safety.

Both the Director General and Superintendent of Police play significant roles in the
management and oversight of prisons, and their direct entry into prison facilities is
essential for effective coordination, supervision, and collaboration between the prison
administration and law enforcement agencies.

TRANSFER OF PRISONER’S ACT, 1950

The Transfer of Prisoners Act, 1950 is a legislation enacted by the Parliament of India
to provide a legal framework for the transfer of prisoners from one state to another
within the country. This Act aims to facilitate the confinement of prisoners in prisons
closer to their home states or places of residence, taking into consideration factors
such as the health of the prisoner, the interests of their family, and other exceptional
circumstances. The Act outlines the procedures to be followed for requesting and
approving the transfer of prisoners between states, including the roles and
responsibilities of the respective state governments and the central government. It also
addresses matters related to the removal of prisoners, their release or discharge, and
the allocation of expenses associated with the transfer and maintenance of prisoners in
the receiving state.
OBJECTIVES OF THE ACT:
1. Facilitating the confinement of prisoners closer to their home states or
places of residence: The main objective is to enable prisoners to be transferred to
prisons nearer to their families and communities, which can aid in their rehabilitation
and reintegration process.

2. Addressing health and welfare concerns of prisoners: The Act aims to allow
for the transfer of prisoners on grounds of health or medical reasons, ensuring they
can receive appropriate care and treatment.

3. Considering the interests of prisoners' families: The Act considers the

interests of prisoners' families, recognizing the importance of familial ties and support
during incarceration.

4. Accommodating exceptional circumstances: The Act provides for the

transfer of prisoners in exceptional circumstances, such as security concerns or other
compelling reasons, allowing for flexibility in prisoner management.

5. Streamlining the transfer process: The Act establishes a clear procedure and
guidelines for requesting, approving, and executing the transfer of prisoners between
states, promoting efficient coordination and cooperation.
REMOVAL OD PRISONERS FROM ONE STATE TO ANOTHER
The government of a state with the consent of the government of the other state, by
order, provide for the transfer of the prisoner from one state to the another on the
following reasons. The prisoner being:
1. Under the sentence of death
2. Under, or in lieu of, a sentence of imprisonment or transportation
3. In default of payment of a fine
4. In default of giving security for keeping the peace of for maintaining good
behaviour

REASONS FOR TRANSFER:

The prisoner may be transferred from one prison to another for the following reasons:
 1. For custody and treatment in a suitable institution in accordance with the
classification of procedure
2. For attendance in court for the purpose of standing trial or giving evidence
3. On medical grounds
4. On humanitarian grounds, in the interest of their rehabilitation
5. For post-release vigilance by police
6. For providing essential services
7. On grounds of security, expediency etc.
8. To be nearer to his/her hone directly
9. For other special reasons if any

Transfer of sick prisoners:

Prisoners can be transferred from one prison to the another on the following grounds:
1. No prisoner who is sick shall be transferred except for the benefit of his/her
health.
2. When the medical officer is of the opinion that the transger of the prisoner is
required for his recovery, or help in prolonging his life, then in such cases, the
MO shall make a brief statement of the case to the Superintendent thus
mentioning the prison to which the prisoner should be transferred. The
superintendent shall then produce the statement of such prisoner submitted by
the MO to the Inspector General for his orders.
3. The superintendent shall on the request of the MO supply such additional
supplies like food, clothing, bedding to the prisoner for such journey.
Medicines with the prescription of use shall be given to the escorting officer of
the prisoner.
4. The MO shall be responsible that the medical case sheet of the prisoner is up to
date.

Transfer of the habitual prisoner:

The superintendent may apply to the inspector general for the transfer of the
habitual prisoner on the grounds that because of his previous convictions, the
prisoner is aware of the locality and the surroundings. However, the inspector
general shall consider the application so but forth by the superintendent cased on
merit and shall approve the same only in certain special circumstances and after
satisfying himself that the transfer of the prisoner is required.

Transfer of young offenders:

Young prisoners in the age group of 18-21 years of age admitted into prisons shall be
transferred to such institutions suitable for young offenders under the orders of the
inspector general. Such offender, on attaining 21 years of age shall be transferred
back to the prison if the sentence is not complete, and all necessary arrangements
and measures shall be taken for borstal treatment till his/her normal release.

Transfer of prisoner convicted by court martial overseas or in india on

reciprocal basis:
Every ex-military personnel convicted by a court martial overseas, or in india and
confined to prison other than a prison in his state of origin shall be transferred to
the prison of his state origin. The superintendent of the prison in which such a
person is admitted shall send a nominal roll and declaration to the inspector
general who in consultation of the inspector general of the prion in his state of
origin shall decide on such transfer. Proper verification of such person is done
before initiating the transfer.

Documents to accompany the prisoner:

REST IMPORTANT FROM THE BOOK