INTRODUCTION

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The origin of 'Crime and Punishment' is as old

as mankind in i t s e l f , and is a complex socio-legal problem.

'Crime and Punishment' are coeval in the history of the

world and it is d if f icu lt to say which one had precedence

over the other. When 'Eve' ate forbidden fru it in the

Garden of Eden, God immediately decreed everlasting sanction

against Adam and his descendents. Adam and Eve's fate

symbolized recognition of the existence of Crime and Punishment1

as the lot of man. The concept of Crime and Punishment is

changing and has changed with the socio-economic back-ground

of the society. It has always depended on the force, vigour

and movement of public opinion and social sanctions, varying

from country to country, and in the same country from time to

time. What was regarded as crime in the past may not be

regarded as crime today, for instance abortion which was

regarded as crime some time back, i s now no more a crime.

Similarly what i s regarded as crime under one social order

may not be regarded as crime under another soc ia l -o rder , for

instance un-natural sexual relation which is regarded as a

henious crime in India, i s not punishable in England. Thus

concept of Crime and Punishment, is directly related to social

and moral values of the society.

I . CRIME AND PUNISHMENT I

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Criminal behaviour is an integral part of social

behaviour, that can be understood only in relation to the

personal social situation and the sequence of which it is

a part. The personality of the offender, the social world

in which he lives and the previous experience growing out

of interaction between the individual and the enviornmental

situation play a v ita l part in the social process leading to2

criminal behaviour. The more complex and intricate the

social organization and working, the more varied and wide3

i s the manifestation of crime.

In early age, when the society was simple, crimes

were few, the use of violence against one's person or the

abduction of one's females were probably the two earliest4

known crimes. But with the changing conditions during the

half past-century, scores of new crimes have arisen, while

old ones have not materially reduced. Crime has reached

such dimensions, as to cause a rea l threat to our way of l i f e .

According to one post-war estimate one person in every nine

persons becomes delinquent at some time in his l i f e .

Crime is on increase almost in every country,especially

in the developed and developing countries. S tatistics of the

incidence of 'Crime in India' reveals that Crime is increasing

day by day and it further indicates that the increase rate is

faster than the growth in population.

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The following tab le shows the incidence o f Crime5

under Indian Penal Code, along with the r e t i o o f such6

crimes, per one lakh of population, from 1965 to 1977.

TABLE - 1

RATIO OF COGNIZABLE CRIME PER ONE LAKH OF POPULATION

S.No. Year Total Cognizable Estimated Rate o f CrimeCrimes Under Population Per One LakhI.P .C . in Millions of Population

(Mid Year)

1. 1965 7,51,615 478.5 157.1

2. 1966 7,94,733 489.1 162.5

3. 1967 8,81,981 499.9 176.4

4. 1968 8,62,016 511.1 168.7

S. 1969 8,45,167 522.5 161.8

6. 1970 9,55,422 534.3 178.8

7. 1971 9,52,581 551.2 172.8

8. 1972 9,84,773 563.5 174.8

9. 1973 10,77,181 575.9 187.0

10. 1974 11,92,277 588.3 202.7

11. 1975 11,60,520 600.8 193.2

12. 1976 10,93,897 613.3 178.4

13. 1977 12,67,004 625.8 202.5

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The tab le -1 , reveals that a tota l of 12,67,004

cognizable crimes under the Indian Penal Code, were recorded

by the police in the country during 1977 against 10,93,897

recorded in 1976 showing an increase of 15.8% over 1976.

This figure also includes crimes committed by juveniles.

There was an overall increase of 43.7% in cognizable crimes

during the decade (1967-1977) while the increase in population

in the same period was 25.2%. Further, a to ta l of 26,99,061

offences were reported under the Local and Special Laws during

1977 registering a decline of 16.3% over 1976 figures. This

downward trend was mainly due to the decline in crimes under 7 8 9

Opium Act, Excise Act, Explosive Act, Explosive Substance 10 11 12

Act, Suppression of Immoral T ra ff ic Act, Motor Vehicles Act13

and Indian Railways Act,etc.

The tab le -2 shows the increase in the incidence of

crime under Special Laws along with the rat io of such14

offences, per one lack of population in 1969 to 1977.

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TABLE -2

' BAT I Q QF CRIME UNDER SPECIAL LAvJS PER ONE LAKH OF

POPULATION

S.No. Year Incide\j(ce of Crime

RATIO of Crimes per One Lakh Population

1. 1969 27,93,148 534.6

2. 1970 28,84,517 539.9

3. 1971 29 ,12,096 533.0

4. 1972 25,14,975 450.8

5. 1973 24,80,918 432.7

6. 1974 25,80,140 440.2

7. 1975 32,05,270 533.5

8. 1976 32,22,910 525.5

9. 1977 26 ,99 ,061 431.3

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No doubt, the incidence o f Crime under Specia l Laws,

in the year 1977 have shown decline over 1976 f igu res . But

a t o t a l o f 32,05,270 offences were reported under the Local

and Specia l Laws during 1975, r eg is te r in g an increase o f

24.2% over 1974 f igu res . This upward swing in o ve ra l l

o f fences was mainly due to increase in crimes under Prevention15 16 17

o f Corruption Act , Railways Act , Forest Act , Explosive 18 19

Act and Explosive Substances Act.

It may not be out of place to mention here that

police registered a total number o f 14,96,610 cases under

the Indian Penal Code and 30,14,265 cases under the Local

and Special Laws for the investigation. Further, during 1977,

there ware 16,62,522 cases under the Indian Penal Code and

35,32,209 cases under the 'Local and Special Laws'; at the

disposal of the Courts. This number included the cases

pending from the previous year.

The increasing crime rate has also resulted in the

ovar-crowding of the prisons. In the State of Uttar Pradesh,

at the end of the year 1969, there were 22,043 convicts and

14,761 undertrials. In the State of Madhya Pradesh to ta l

admission to 53 prisons was 74,538 and to ta l admission of

under-trials was 52*443 out of which 39,442 were released by

the Courts. The daily average prison population, was 13,237

on 31st March 1969. The number of the to ta l convicts

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including 253 women was 12,801, out of which under-trials

numbered 4,717. In the 233 institutions of Maharashtra

State and 617 Police Lock-ups there were 31,068 prisoners,

at the end of the year 1968. Out of them 18,076 were under­

t r i a l s . In the State of Kerala tota l number of inmates in20

42 institutions was 28,962.

There are numerous infractions of Laws and Ordinances

that were re lat ive ly unheard of, a half century ago: such as

income tax evasion, pornographic motion pictures, adolescent

murder, violation of food and drugs acts. Moral values have

changed, social pressures of urbanization, increased

governmental regulations, the compelling ethics of success,

status consciousness and demonstration of financial power

in many hands have widened the spectrum of crime. These21

social forces have swollen the criminal element, in a l l

countries in varying forms and degrees.

The task of ’ Prevention and Control of Crime' belongs

to the "Criminal Justice System". It consists of police,

courts, penal/correctional institutions and other sub-systems.

These sub-systems are by no means exclusive of one-another.

What i s done in one area has a direct effect upon the another

and they interact, at many points in the Criminal Justice

Process. Courts receive the ir c lientele from police, the

corrections sector receive offenders from the courts, and

the cycle may be repeated i f the released offender repeats22

the offence and i s again arrested by the police.

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In the present criminal justice system, imprisonment

i s the main form of punishment. But now it is increasingly

used to provide correctional treatment for the ultimate

rehabilitation of the offenders in the society. The

emphasis is on 'reformation' and ' resocialization ' of the

offenders to secure the objectives o f prevention o f crime

and protection o f the society from evil effects o f crime.

Moreover, the present penal system based on correctional

philosophy is not merely a craed, but a sc ient ific too l,

to reintegrate the criminal, within the folds of the society.

Thus the old concept of punishment has given way to the

present concept of rehabilitation.

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I I . FROM PUNISHMENT TO REFORMATION:

The history of the mankind reveals that in every

society at every stage of c iv ilization , there has been

some means of check over the conduct of individuals. Down

from the primitive to the modern times every society has

i t s own codes of conduct and enforces it with certain

sanctions, designated to bring and maintain harmony.

Through-out the ages the act that disturbs social equilibrium

has inspired imposition of penalty on the offenders.

Scholars are agreed that primitive laws, although unwritten,

were scrupulously observed for the very existence of the

group, their dependence on the beneficence of the Gods for

the ir food, good weather, success in war and deliverance

from pestilence. It was believed, that offences against

t r i b a l taboos, unless punished might bring the vengeance

of supernatural beings upon the entire tr ibe . Hence, the

elimination of the miscreant who violated a taboo became

the duty of the whole tr ibe . He may have been beaten to

death, exiled, cast into wilderness to die or maimed.

Examination of taboos, in primitive cultures and

ancient legal codes, indicates how deeply re lig ion and

r itua l influenced the growth of the modem Criminal Law.

Divine sanctions la id down the need and rationale of

punishment for crime and sin. This situation led to the

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British Legal expert, S ir Henry Maine, to remark,

"There is no system of recorded law, l i t e ra l ly from

China to Peru, which when it f i r s t emerges into notice

i s not seen to entangle with re lig ion and ritua l

observances".

There seems l i t t l e doubt that Christianity, except

in the case of witchcraft, did exert a softening influence

on 'drastic punishments' for crime. The methods of enquiry,

torture and punishment used by witch-finders might well

horrify the modern reader, they also horrified men of

Renaissance. Voices of Physicians, Laymen, Philosophers

were raised in condemning the mass delusion of witchcraft.

Witch-hunting underwent a decline in 1700's, and 'the

in te llectua lism ', ’ the growing world of sc ience ', 'the

civ ilization of 17th Century' - a l l contributed to modify

punishment for crime and paved the way for handling the

criminal as an individual.

Man's social contact which permitted him to live in

re lat ive peace with his fellow-beings began to be studied

and c la r i f ied by 17th century philosphers and in th is process

'Crime and Punishment' for the individual received attention.

Thomas Hobbes, in his 'Le-viathan*, discussed the rationality

of law in relation to crime, emphasizing the important

element of intention in the mind of criminal. Thus

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reformation o f the offender carr ied an important meaning

in d is t in ct from that o f re tr ibu t ion and general c r it ic ism

o f punishment led to re-eva luation o f ways and means o f

punishment, P la t o 's observation, "he who desires to i n f l i c t

ra t iona l punishment... he punishes fo r the sake o fin 24

preven tion ", was echoed/the w rit ings o f Thomas Hobbes.

Rousseau, in his 'Great Ideas' observed, "There is not a25

s in g le i l l - d o e r who could not be turned t o some good".

A new approach to punishment was adopted,Cesare di

Beccaria- an I ta l ia n Economist and J u r is t , wrote against

the a rb itra ry powers o f judges t o impose barbarous punishments

on crim inals. His book on 'Crime and Punishment' was a26

pie* for abolition of capital punishment. Among those to

whom Beccaria's ideas came as clarion call was John Howard.27

He pleaded for reformation and rehabilitation of prisoners.

He had l i t the torch, which his followers namely Jenny

Bentham and Elizabeth Fry carried through out the world.

The offender had been now l i f t e d , one notch above

the doomed human animal who had been burned a live , skinned

a live , exposed to insects, stoned to death, beheaded,

disabled, tortured and transported. Meanwhile, the law

i t s e l f had become responsive to the newer sp ir it of decreased

sadism. In England, during the reign of George-III, the

judges ware f in a l ly permitted discretion in commuting a

death sentence. In 1827, an ’ Act' was passed forming the

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nucleus of the Criminal Code, in which punishments were28

carefully adjusted to the offences. In the middle of

19th century, thinkers applied sc ientific methods, to the

investigation of culture and society. They wanted to

know why human beings behave as they do and what produces

social problem. Everywhere man wanted to know why and how.

As a result of th is thinking Criminology and Penology rose

to new leve ls , and gave due attention towards the offender,

rather than his offence.

The correctional movement from its very inception

had i t s impact a l l over the world. Since the days of John

Howard reforms in one country have been studied by like

minded persons elsewhere. The f i r s t International Congress,Wa<

convened in Frankfurt, On-The Main in 1846, at the in it ia t ive

of the I.G. of Prisons in Belgium and England. Other

meetings followed in Brussels in 1847 and again in Frankfurt

in 1857.

This Congress served as platform for informal and

occasionally open criticism of penal practices in some of

the larger countries that aspired for being recognised as

advanced. In 1953, the United Nations convened a Congress29

of the prevention of crime and treatment of offenders, U.N.O,

has been doing commendable work in the f ie ld of corrections.

It has helped in co-operation and co-ordination of the

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in s t i tu t io n a l serv ices in d i f fe re n t countries by sending

experts to guide member countries in formulating and

implementing penal p o l ic ie s . 'The U.N. Standard Minimum

Rules fo r th e Treatment o f the Offenders' , t ra in in g o f

personnel at U.N. , Asia and the Far East In s t i tu t e ,

p e r iod ica l conferences, consu lta t ive group meetings, review

o f th e in terna tiona l programmes and p o l ic ie s in the f i e l d

o f co rrec t ions , establishment o f Soc ia l Defence In s t i tu te

o f Rome-these are some o f th e important constructive steps

taken by the United Nations fo r reform o f th e Penal System.

Western countries have adopted an enlightened and

c i v i l i z e d approach towards t h e i r o f fenders , and penal

institutions are regarded as places of reformation and

correct ion . England and U.S.A. have done a lo t fo r the

reformation and rehabilitation of the offenders. In U.S.A.

in the period 1900 to 1935, the industrial prisons were30

established for the rehabiliation of the offenders, and the

Penal Institutions have been humanized to such an extent,

that even marriages can be conducted within the four walls.

The Indian Administration of Criminal Justice, began

to assume a new form and dimensions with the advent of the

British. The East India Company was interested in reforming

the criminal just ice system. Lord Macauly drew the attention

of the British Government towards the te r r ib le conditions

of the j a i l s and on his recommendations a Ja i l Committee was

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established in 1836. The committee gave a number of

recommendations but rejected any reformative programme,

which indicated that committee was influenced by the

retributive theory. The Second Jail Committee was appointed

in 1864, which also gave a number of recommendations,

especially for the space of l iv in g , diet, clothing, bedding

and insisted on the regular medical inspection. In 1870,

The Indian Prisons Act was passed, which la id down the31

basis for c lassification of the prisoners.

The Third and Fourth A ll India Jail Committees,

which were appointed in the years 1877 and 1889 respectively,

alto gave recommendations for the prison reforms. The

report of these committees was supplemented by the Fifth

A l l India Ja i l Committee 1892, and some of i t s recommendations

were incorporated in the Prison Act 1894. The year 1897

marks a landmark in the Penal Reform Movement of India. In

that year was passed, the Reformatory School Act. The32

youthful offenders were now sent to the reformatories

instead of the prisons. The Sixth A ll India J a i l Committee

1919, made a extensive tour of the Scotland, U .S .A ., Honkong

and other countries. The committee submitted a conprehensive

report and observed, " The aim of the Penal Administration

i s the prevention of the future crime and the restoration

of the criminal to the society, as a reformed character".

The repart submitted by the committee i s a huge pi&ce of

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work and has la id down the foundation stone o f modem33

penal system in India . The enactment o f th e Borstal

Act, The Children Act, Probation Act and The Prov is iona l

Release Act, were undoubtedly th e d irect or ind irec t

resu lts o f th e general in te res t aroused by the report.

In s t i tu t ion a l as w e l l as n on - inst itu t iona l treatment

methods have been introduced fo r reformation and r e h a b i l i ­

t a t io n o f the o f fenders . The conditions o f the prisons,

problems and e f f e c t s o f the prison l i f e , have been examined

from time t o time. The f i r s t such examination was by Dr.W.

C. Reckless who made a number o f recomnendations in his

report . The conference o f Inspector Generals o f Prisons

which was fteld in Bombay in 1952, also considered the problems

o f the Prison Administration, A l l India J a i l Manual Committee

1957, a f t e r going through the various aspects o f prison

l i f e and Prison Administration, came with Model Prison34

Manual in 1959. The Central Bureau o f Correctional Service

(now known as National Institute o f Soc ia l defence) was set

up in 1961-1962. The main functions of the Institute have

been to co-ordinate and t o develop a uniform policy, to

standardise the collection of Statistics on National basis

and to exchange information with foreign countries and

United Nation's Agencies and to promote research training,

studies and surveys in the f ie ld of crime and treatment of

offenders.

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A new era o f correct iona l reform o f offenders

began In Ind ia , when the Lucknow Cantral J a i l was converted

in to a Model Pr ison . The concept o f generating se l f- respec t

among prisoners , providing them economic r eh a b i l i ta t io n and

turning them ih to law abiding c i t i z e n s , were h igh lighted35

in the establishment o f th e Model Prison.

A number o f countries have introduced the ’ open

prison ' system, and since th e end o f the second world war,

th e re has been a steady increase in the use o f th e open 36

prisons. Minimum custodial care, work on wages, c lose

contact with th e s t a f f and fe l lo w inmates, s e l f - s u f f i c i e n c y

and essence o f r e s p o n s ib i l i t y are th e main features o f the37

open prison system. In India a lso a number o f States

have established open prisons. This system, o f f e r s an

atmosphere o f minimum secur ity and grea ter opportunity o f

rap id so c ia l iza t io n .

The Central Advisory Board on Correctional S e rv ices ,

ih e National Conference on Probation and A l l i e d Measures

1971, and working group committee 1971-73, considered problems

o f th e Penal In s t i tu t ion s and drew a tten t ion , towards various

de f ic ien c ie s o f th e present prison system. Penal reform

committees have been set-up from time t o t ime in th e various

States fo r th e development and w e lfa re o f th e penal system.

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Now we profess t o be actuated by more humane38

considerations. Various S c i e n t i f i c methods have been

devised fo r the in v es t ig a t ion , various measures have been

taken fo r the f a i r and speedy ju s t ic e and various types

o f co rrec t iona l and vocational tra in in gs are imparted fo r

th e ultimate rehabilitation and r e s o c ia l iz a t io n o f the

o ffenders. But th e ’ increasing crime ra te ' has over-burdened

p o l i c e , courts and penal in s t i tu t io n s , and has given b irth

t o various con trovers ia l issues regarding the e f f i c ie n c y

o f th e present crim inal ju s t i c e system.

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No doubt, imprisonment i s th e main method o f

th e punishment, but fo r th is typ e o f punishment, offender

has t o pass through "the machinery o f Ju st ice " . He has to

face th e P o l i c e , th e Court and then the prison. Imprisonment

creates a gap between the o f fender and the so c ie ty , the

o f fender i s c u t - o f f from the so c ie ty and i s thrown in th e

world o f criminal sub-culture.

1, PROBLEMS OUTLINED!

The in v es t iga to r has under-taken th is research in -

order t o study the fo l low ing problems:

( i ) What happens t o those who have passed through "the M i l l s o f Justice" i . e . what i s th e impact o f th e in v es t iga t in g agency and that o f ju d ic ia l

process upon th e re-adjustment o f th e o ffenders ;

( i i ) How many o f th e ex-prisoners return t o th e l i f e o f crime, and how many o f them gat re-adjusted ;

( i i i ) What happens t o th e former inmates o f th e prisons and co rrec t iona l in s t i tu t io n s }

( i v ) what typ e o f o ffenders p e rs is t in serious c r im in a l ity ;

( v ) I * imprisonment a p reven tive o f rec id iv ism ;

( v i ) What i s th e impact o f th e frequency o f th e contactwith th e fam ily members upon the readjustment o f tha o f fenders ;

I I I . STATEMENT OF THE PROBLEM}

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( v i i ) What i s th e out-put o f th e vocational tra in in gs imparted in th e co rrec t iona l in s t i tu t ion s ;

( v i i i ) What i s th e impact o f the help rendered by the A fte r -ca re agencies upon the r e s o c ia l iz a t io n o f

the ex-prisoners.

2. OTHER CONSIDERATIONS:

The study o f the problems, en ta i ls th e fo l low ing

considerations:

( i ) INVESTIGATING AGBJCY;

The more h o s t i le th e a tt i tu de o f th e in ves t iga t in g

agency, th e le s se r th e chances o f r e s o c ia l i z a t io n .

( i l ) JUDICIAL PROCESS:

Delay in disposal o f th e cases leads t o

demoralization o f the p r isoner . a f fe c t in g his

behaviour in th e j a i l and his u ltim ate r e s o c ia l iz a t io n

in th e community.

( i i i ) LENGTH OF THE SENTENCE:

Longer the sentence of inprlsonment, longer

is the period taken in resocia lization of the

prisoners.

( i v ) CONTACT WITH FAMILY MEMBERS I

Frequency of contact with the family through

(a ) V is it s o f family and others ;

(b ) Parole/furlough help in the early

resoeia llsation o f the prisoners.

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( v ) VOCATIONAL TRAINING!

The types and methods o f the vocational

t ra in in g imparted in the in s t i tu t ion hardly

serve th e vocational needs o f the ex-prisoner.

( v i ) THE CRIMINAL SUB-CULTURE:

The more a prisoner i s in tegrated in the

criminal sub-culture o f the in s t i tu t io n , the

less are h is chances o f r e s o c ia l iz a t io n .

( v i i ) HELP RENDERED BY THE AFTER CARE AGS'JCY:

The frequency o f th e help rendered by the

A fte r -ca r * Agency makes r e s o c ia l iz a t io n o f the

prisonar eas ier .

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1. M i l l s o f Justice:

It means the Administration of Criminal

Justice, and includes police, courts, prisons

and After Care Agencies.

2. Long-term Imprisonmenti

It means imprisonment for a period of two

years or more than two years. No doubt, we do

not have any definition of the 'Long term-

inprisonroent', and 'short-term imprisonment',

but various researches have revealed that

imprisonment of six or less than six months is39

short-term imprisonment, and that o f two years and

above as long-term iimprisonment. Sentences t o

imprisonment may be as short as for a day or as

long as f o r l i f e t ime. However, f o r th e purpose

o f t h i s study, th e per iod from s ix months t o two

years i s taken as gap between th e short-term

imprisonment and long-term inprisonment.

3. Resociallgatiom

On conviction t o prison sentence, th e

o f fender i s c u t -o f f from th e S oc ie ty . On his

r e le a s e from the prison he has t o fa ce many

d i f f i c u l t i e s in th e s o c ie ty . R esoc ia l iza t ion

fo r th e purpose o f t h i s study means r e h a b i l i t a t io n

I V . TEAMS EXPLAINED:

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o f th e o f fender in th e community.

4. R e c id iv is t »

R ec id iv is t fo r th e purpose o f t h i s study means

such pr isoner , who has again committed crime on his

r e le a s e from the penal in s t i tu t io n and has been

arrested second time.

5. Correctiona l In s t i tu t ion s :

I t means such penal in s t i tu t io n s , where various

co rrec t ion a l and vocationa l t ra in in gs are imparted

fo r th e r e h a b i l i ta t io n o f th e o ffenders .

6. Lawyers!

Lawyer, fo r th e purpose o f t h is study, includes

any le g a l practi/oner having experience fo r two years

or more, in dealing th e criminal eases. I t also

includes prosecutors and r e t i r e d judges.

7. P o l i c e O f f i c e r s !

They mean th e par sons e l o f th e P o l i c e Department,

who are concerned w ith th e administration o f criminal

ju s t ic e . They include w ith in t h e i r purview, th e

o f f i c e r s from th e rank o f sub-inspector t o Superintendent

and a lso th e r e t i r e d p o l i c e o f f i c e r s *

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8. Prison O f f ic e r s !

They include a l l those who are in the custodial s t a f f

o f the psnal in s t i tu t io n s . The custodial personnel from

the rank o f warder t o that o f Superintendent, are brought

w ith in the purvle-v o f th e prison o f f i c e r s , fo r the purpose

o f present study.

9. P r isoners ;

They fo r th e purpose o f t h is study, mean only those

prisoners who have been sentenced to imprisonment fo r

two years or more. They do not include detenues or under-

t r i a l s .

10, Ex-Prisonersi

Ex-prisoner fo r th e purpose o f t h i s study, means a

person who has served two or more than two years o f

imprisonment, fo r committing an o ffence and has been

subsequently discharged from the penal/correctional

in s t i tu t io n .

11, Social Workers!

For the purpose of th is study, they mean officers of

the Social Welfare Department, members of the Voluntary

Organizations, Crime Prevention Societies, Probation

O fficers , representatives of the public, well wishers of

the prisoners and ex-prisoners. Further, students of

Criminology, Sociology, Law and other a ll ied subjects, who

v is it tho j a i l s are a lso included.

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A good number o f researches have been carried

out on Sentencing System, P o l ic e Administration Penal40 41

and Correctional In s t itu t ion s . Vidya Bhushan, Bhattacharya ,42 43 44 45 46

Sr ivastava , S id d iq i , Ghosh, T r i lo k Nath, Chandra Behari,

and others have h igh lighted various issues regarding the

Administration o f Criminal Ju st ice , and have thus made

valuable contribution t o the l i t e r a tu r e o f Criminology and

Penology. But they have mainly confined themselves t o the

penal and Sentencing System, without going through i t s

e f f e c t s on the pr isoners upon t h e i r re lease . I t appears

that no research has been yet ca rr ied out in th is country,

which throws l ig h t on the r e h a b i l i t a t io n and re s o c ia l iza t io n

o f the pr isoners , who have served, considerable period o f

imprisonment in th e peno-correctional in s t i tu t io n s , nor any

attempt has been made t o study th e impact/influence o f the

in v es t ig a t in g agency, ju d ic ia l process, length o f the

sentence, frequency o f contact w ith th e r e la t iv e s / fr ie n d s ,

th e vocational t ra in in gs imparted in th e Correctional

In s t i tu t io n s , and that o f th e crim inal sub-culture o f the

in s t i tu t io n upon the r e h a b i l i t a t io n and r e s o c ia l i z a t io n o f

th e prisoners.

V. scrip E OF THE STUEYi

1 - 2 5

No doubt, various researches have been carried

out in th e West, espec ia l ly in England and America to

ascerta in th e e f f e c t s o f th e above mentioned factors

upon r e h a b i l i t a t io n and r e - s o c ia l i z a t io n o f the o ffenders.48 49

Sheldon Glueck and T.E. Glueck, Walter Bromberg,50 51 52

Joseph W. Eaton, Pauline M orr is , Frank Tannenbaum and

others have thrown l ig h t on the impact o f th e a foresaid

fa c to rs upon th e r e h a b i l i t a t io n and r e s o c ia l iz a t io n o f

th e o f fenders and thus enriched the l i t e r a tu r e o f

penolcgy.

However, th e conclusions reached by Crim inologists

in West may not hold good in India. Here, we have

d i f fe re n t causes o f c r im in a l i ty , than that o f west and

consequently we can not take the r esu lts o f th e English

or American Peno-Correctional system fo r granted, without

going through the surrounding circumstances. I t may be

also said here , that 'Ind ian Criminal is much be tte r man53 54

than the criminal o f th e West. Edwardes observed*

" I t must be remembered that India,which contains immense t r a c t o f th e deso late mountain and ju n g le , which exh ib its every gradation o f co ld and hea t , luxuriance and s t e r i l i t y , lo v e l in e s s and deso la t ion , and which sh e lters o n e - f i f th o f human race , cannot r i g h t l y be judged by th e standards app licab le t o England, America or any o ther European country".

1 - 2 6

Thus the treatment methods and other correct iona l

to o ls employed in th e western countries may not come with

f r u i t f u l r esu lts in India. But, th e experience o f the

western countries can help us in many ways. I t can provide

guidelines fo r those who are engaged in th e 'Administration

o f Criminal Justice in our Country'. The task o f

'prevention and contro l o f crime' mainly belongs t o the

'Administration o f Criminal Justice System' and criminal

ju s t ic e gen era l ly in vo lves th e process o f a rre s t , t r i a l ,

punishment/treatment and reh a b i l i ta t io n o f o ffenders in

th e soc ie ty . In order t o ascerta in th e g u i l t o f the

accused, th e o f fender has t o face p o l i c e , lawyers, judges

and i f found g u i l t y prison o f f i c e r s and consequently upon

his r e lease th e soc ie ty . These agencies p lay v i t a l r o l e

in moulding th e behaviour o f the o f fen der , which can be

e ith e r in th e nega t ive or p o s i t i v e d ir e c t io n , depending

upon th e approach adopted by these agencies, towards the

o f fender.

With th is o b je c t iv e in mind the in v es t ig a to r conducted

the survey o f th e P o l ic e S ta t ion s , Courts, Probation O f f i c e s ,

Penal and Correctiona l In s t i tu t ion s in U.P. , and co l le c t e d

the re levant information from th e P o l ic e O f f i c e r s , Lawyers,

Judges, Prison O f f ic e r s , P r ison ers , ex-prisoners and

so c ia l workers*

1 - 2 7

U ttar Pradesh was se lec ted as th e basis o f th is

study, because o f the fo l low ing reasons:

1. U.P. i s the most populous S tate in India;

2» U.P. i s the f i r s t s ta te which has ventured several penal reform movements;

3« U.r>. is the f i r s t s ta te to have 'Model Pr ison ' , Reformatory Schools' , and open prison system;

4. U.P. has the e a r l ie s t 'Discharged P r ison er 's Aid S o c i e t y ' , now known as 'Crime Prevention S o c i e t y ' .

5. U.P. reg is te red highest number (2,22,621) o fxBases under th e Indian Penal Code, out o f the

t o t a l number ( 12,67,004 ) o f th e cases recorded in Ind ia , in 1977;

6« U.P. top&d the ' A l l India Crime Volume-1977' in the eases o f henious crimes, l i k e murder, culpable homicide not amounting to murder, Robbery and daco ity j

7. U.P. has the largest number o f prisons;

8. U.P. has one o f the A s ia 's b iggest j a i l , known as Fatehgarh Central J a i l .

U.P. in 1938, amended the prison 's Act, defining prison as a place for custody and reformation of the prisoners.

However,time and resources were limiting factor.

The survey was therefore restricted to the five d istr ic ts

(Lucknow, Kanpur, Unnao, Fatehgarh and Aligarh ) of the

Uttar Pradesh. Further, in Agra d istrict Lawyers, Police

O fficers , Prison O ffice rs , Social workers and ex-prisoners

were also interviwed.

1 - 2 8

The in v es t ig a to r , with a view t o obtain f i r s t hand

information and t o observe the pragmatic approach, o f the

P o l i c e , Lawyers, Judges, Prison o f f i c e r s , Probation

o f f i c e r s and other soc ia l workers to the o ffenders and

ex -o ffenders , constructed s ix sets o f questionnaires and

in terv iew schedules. The in ves t iga to r interviewed 250

p o l ic e o f f i c e r s , 250 lawyers, 50 judges, 300 prisoners ,

100 prison o f f i c e r s , 125 ex-prisoners, 250 soc ia l workers

including probation o f f i c e r s and also discussed various

issues with them.

The questionnaire/interview schedules were not

pre-coded. However, some o f the questions in each

questionnaire/interview schedule were pre-coded. A fte r

completing th e f i e l d survey, th e responses were coded and

were compiled in the form o f m aster-tab les , under the

heads 'P o l i c e o f f i c e r s , 'L a w y e r s ' , Judges ', 'P r ison O f f i c e r s ' ,

'Ex-Pr isoners ' and 'S o c ia l w a lk e rs ' .

Further, th e responses o f the s im ila r questions

were complied in the form o f th e Comparative ta b le s , and

the assumptions were t e s ted by the app licat ion o f the

respec t iv e comparative ta b le s .

VI . METH3DQLOGY:

1 - 2 9

Respondents from each section o f P o l i c e , Lawyers,

Judges, Prison O f f i c e r s , Pr isoners , ex-prisoners and

socia l workers were se lec ted on random basis. The sampling

ra te d i f f e r e d from each u n it , as some o f th e units have

r e l a t i v e l y small number o f the members. For instance,

the number o f judges is small as compared t o that o f

Lawyers, s im i la r ly , th e number o f ex-prisoners ava i lab le

i s small as conpared t o th e prisoners in th e In s t i tu t ion s .

In each d i s t r i c t , the in ves t iga to r v is i t e d almost

every p o l ic e s ta tion even at nights and interviewed about

250 p o l ic e o f f i c e r s in U.P. from the rank o f sub-inspector

t o th e superintendent o f p o l ic e . The in v es t ig a to r discussed

with them, various issues regarding the administration of

criminal ju s t ic e .

The in v e s t ig a to r , v i s i t e d the Courts in each

d i s t r i c t , and only magistrate courts and session courts

were brought w ithin th e purview o f th is study. Lawyers

and judges f i l l e d up t h e i r resp ec t iv e questionnaires and

also discussed th e important issues with the in v es t ig a to r .

The in v e s t ig a to r witnessed the t r i a l s o f various criminal

cases and took note o f th e various d i f f i c u l t i e s which are

faced by th e accused during the t r i a l . The in v es t ig a to r

a lso v i s i t e d th e Lucknow Bench, o f th e Allahabad High

Court.

(1 ) THE SAMPLE! ITS SELECTION:

1 - 3 0

Almost in every prison, the prison o f f i c e r s were

interviewed. The in v es t ig a to r also stayed with them fo r

days together in order t o observe the o f f ice r - in m a te

re la t ionsh ip w ith in th e prison community. They gave the

f i r s t hand information about the problems o f the pr isoners ,

espec ia l ly when they are undergoing the long-term

imprisonment. The in v es t ig a to r a lso had the opportunity

t o administer th e questionnaire t o th e prison o f f i c e r s

from Assam, Rajasthan, Andhra Pradesh, Kerala and other

parts o f In d ia , who were undergoing t ra in in g at Lucknow

J a i l , Tra in ing School.

th e nature o f th e o f fen ce , th e period o f th e sentence

served and t o be served were taken in to consideration.

33% se lec ted prisoners were those who had served only

f i r s t 6 months o f t h e i r sentence, but had t o serve the

remaining per iod o f t h e i r sentence ranging from 1 year t o

14 years. 30% were those who served h a l f o f t h e i r sentence

ranging from 1 year t o 7 years and had t o serve the

remaining period o f t h e i r sentence ranging from 1 year t o

7 years. 35% were those who had served almost th e en t ir e

period o f t h e i r sentences, and had t o se rve , only 6 months

t o co rip l e t e t h e i r sentences. This c la s s i f i c a t io n was

made, because o f th e f a c t , that these ca tegor ies o f th e

prisoners enjoy severa l p r i v i l e g e s o f varying nature.

In th e se lec t isn o f th e pr isoners , fac tors l ik e

AHama Iqbal Library

A ce No.

1 - 3 1

Their d i f f i c u l t i e s in the in s t i tu t ion are a lso o f

d i f fe ren t dimensions. In the f i r s t category the

prisoner was a now comer t o the Prison Community, in

the second category the prisoners had almost served h a l f

o f th e i r sentence and had to serve the remaining h a l f ,

where as in the th ird category the prisoners were almost

close t o th e completion o f t h e i r sentence and waiting fo r

th e i r re lease . Further 25 female prisoners were interviewed

at the Nari BandiNikartan, Lucknow.

The in terv iew o f the ex-prisoners was conparative ly

a d i f f i c u l t task fo r the in v es t iga to r . The in ves t iga to r

had t o consult the probation o f f i c e r s , t o c o l le c t the

addresses o f the ex-prisonars. But the records o f th e ex­

prisoners in the probation o f f i c e s do not provide th e i r

whereabouts, present engagements, fam ily adjustment and

other necessary pa r t icu la rs . However, help was taken from

the probation o f f i c e r s , in loca t ing the ex-prisoners, who

were under t h e i r supervision. Further, Prison o f f i c e r s

and pr isoners a lso rendered t h e i r help t o the in v e s t ig a to r ,

in order t o f in d out th e ex-prisoners.

The investigator, collected the information of 250

ex-prisoners from the probation o ffice s and availed himself

the epportunity to interview some of the ex-prisoners who

incidenfly , v is ited the probation o ffices in presence of

the investigator. The investigator v is ited the homes of

th e ex-prisoners and in some cases he was accompanied

by th e probation o f f i c e r s . In the prison too , the

in ves t iga to r interviewed the ex-prisoners who v is i t e d

the pr ison , in order t o meet th e i r fr iends (p r ison ers ) .

P r isoners , also rendered th e ir help to the in v es t iga to r ,

as they gave introduction l e t t e r s ' , addressed t o the

ex-prisoners ( who were th e ir fr iends in the prison ) ,

in which, they (pr isoners ) requested them ( ex-prisoners )

t o extend th e ir helping hand to the in ves t iga to r . Such

l e t t e r s from the prisoners , proved to be more f r u i t fu l to

the in v e s t ig a to r , than the company o f the probation o f f i c e r ,

as such le tte rs appealed much to th e ex-prisoners. In the

former case, the in ves t iga to r was taken as ' f r i e n d ' whereas

in la t te r case as an ' o f f i c i a l ' .

The investigator could interview only 125

ex-prisoners out o f 250 ex-prisoners, whose information

was collected from the probation o ffice . 45 of them

were in the free community for a year, 45 for 2 years

and 35 were in the free community for a period ranging

from i year to 3 years. It may be mentioned that

interviewing the prisoner, especially the ex-prisoner is

a very d iffic u lt task. The ex-prisoner as well as his

family members suspect the investigator as a spy or as an

agent of the police. The ex-prisoner himself fee ls a sort

of harassed, when he is asked about his past.

1 - 3 3

The respondents fo r the questionnaire V I , were

se lected from among the soc ia l workers who have d irect

or in d ire c t dealing with the p o l ic e ; Courts, Lawyers,

prisons, prison o f f i c e r s , and ex-prisoners. This group

mainly consisted o f probation o f f i c e r s , r e la t iv e s and

the represen ta t ives o f the public . The respondents fo r

t h is group consisted o f 230 persons.

(2 ) THE QUESTIONNAIRE: ITS FORMATION;

The interviews were carried out on a structured

questionnaire/interview schedules a f t e r obtaining the55

permission from the au thor it ies concerned. The questionnaire56

fo r p o l ic e o f f i c e r s , consist o f twenty-two questions .having

d irect bearing on the r e la t io n between p o l ic e o f f i c e r and

th e o f fen der , during th e in v e s t ig a t io n , t r i a l and th e re a f te r .

Soma questions are so framed as to discover the awareness

o f the p o l ic e o f f i c e r s towards the problems, which the

o f fender i s fac ing or might face in near future. The

questions have re ferences to the d if f ic u lt ie s of the offenders

during the police custody and t r i a l . I t provides fo r time

taken to complete th e investigation , and the maximum/minimum

time for which the offender is kept in the police custody.

Moreover, whether accused is informed of his grounds of

arrest and whether the re la tives o f the accused are allowed

to meet him, i f so, how frequently. The questionnaire,

also seeks to find out the fee ling of the police o ff ic e r

1 - 3 4

towards the accused and the various methods used fo r

in ves t iga t ion and whether or not age, sex, status, past-

record , antecedents, fam ily back-ground, future and

circumstance under which the o ffence was committed, are

taken in to account. Further, i t seeks t o determine the

d i f f i c u l t i e s which a p o l ic e o f f i c e r has t o fa ce , while

dealing with the o f fender during in vest iga t ion and then

during the t r i a l o f the o f fender in the court o f law.

Besides other questions, th e opinion o f th e p o l ice o f f i c e r s

was sought on the point as t o why prisoners distrust po l ice

and o ften speak against them.57

The questionnaire fo r prison o f f i c e r s , has re ference

t o the problems o f th e prisoners during t h e i r imprisonment

and th e a t t i tu d e o f th e prison o f f i c e r s towards long-term

prisoners. Besides other questions, they were asked the

extent, t o which they were conscious o f th e problems o f the

inmates. The questionnaire a lso , seeks the opinion o f th e

prison o f f i c e r s about th e extent o f chances o f r e s o c ia l iz a t io n

o f the pr isoners who, are already in teg ra ted in th e criminal

sub-culture o f the in s t i tu t io n .

58The questionnaires regarding lawyers and judges,

have again re ference t o th e problems o f the accused during

his t r i a l , and the maximum/minimum time taken t o conplete

th e t r i a l fo r serious o ffen ees . The questionnaire further

seeks answer from th e lawyers/judges as t o whether they

take in to account th e antecedents and th e fam ily background

1 - 3 5

o f th e accused; whether, they have any sort o f sympathy

towards the accused; and whether they fe e l that the accused

has a r igh t t o return t o th e society . Besides other

questions, th e questionnaire seeks from th e Lawyers/judges

an answer about the d i f f i c u l t i e s , which they have while

dealing with the accused. I t a lso seeks an answer from the

lawyers/ judges, as t o whether r e s o c ia l iz a t io n o f th e prisoners

i s connected with the a tt i tu de o f the p o l i c e , lawyers,prison

o f f i c i a l s and soc ie ty .

59The questionnaire, regarding pr isoners , comprise

o f fo r ty -e ig h t questions which have been div ided in to four

pa rts , under th e fo l low ing heads-bio-data, crime record and

p o l ic e in v e s t ig a t io n , t r i a l and sentence, j a i l l i f e and j a i l

t ra in in g . The questions have re ference t o bio-data o f the

p r isoners , including th e i r marita1-status, occupation.profession,

physical condition and education. The questions under the

heading "Crime record and p o l ic e in ves t iga t ion " have re ference

to the nature o f the o f fen ce , time taken by the p o l ic e t o

complete in v e s t ig a t io n , per iod fo r which the accused was kept

in th e p o l ic e custody and various means employed by th e

prisoner t o gain th e favour/synpathy o f th e p o l ic e o f f i c e r s .

Questions regarding ' t r i a l and sentence' ,are a lso

included in th e questionnaire. They r e f e r t o representation

o f th e accused by th e counsel, the duration o f th e t r i a l , th e

nature and length o f th e sentence and extent t o which the

1 - 3 6

prisoner was s a t is f i e d by such sentence. The questionnaire

also seeks from the prisoners the amount spent by them

during th e i r t r i a l and whether they are in a posit ion to

meet such expenses. The questions under th e t i t l e j a i l

l i f e and j s i l t ra in in g seeks from the prisoners as t o how

they f e l t when they entered the prison and what were the

i n i t i a l d i f f i c u l t i e s faced by them in the J a i l . Information

was a lso sought from the prisoners about t h e i r fr iendship

with f e l l w prisoners and about the basis o f such fr iendsh ip .

The pr isoners were also asked as t o what extent they were

s a t is f ie d with the vocation they have learnt in the j a i l .60

The questionnaire regarding the ex-prisoners,

consisted o f seventy two questions, which have been divided

under f i v e heads. The f i r s t four heads comprise s im ila r

questions which were put t o th e prisoners. Further the

ex-prisoners ware requested t o g ive information regard ing ,

"Release and Readjustment". Questions were put t o them

having re fe ren ce t o th e change which a prisoner observed

on his r e le a s e in th e f r e e so c ie ty , as w e l l as the change

which he observed in th e a tt i tu de o f th e parents, spouse,

ch ildren , f r ie n d s , neighbours, employees, employer and

persons casually known t o him. The questionnaire seeks t o

know from th e ex-prisoner about th e various future plans

which are made by him during the imprisonment and t o what

extant such plans had m ateria lised a f t e r h is re lea se . The

questionnaire also seeks to know the extent t o which

1 - 3 7

conviction has hampered the l i v in g conditions o f the

p r ison er 's fam ily . Further more, i t seeks answer from

the ex-prisoners about the various problems which they

face in t h e i r readjustment in the so c ie ty , and the extent

t o which the vocation learnt or t ra in in g received in the

j a i l has been help fu l in th is regard.

The questionnaire regarding the probation o f f i c e r s61

and soc ia l workers comprised o f 11 questions. The

questions are aimed t o assess whether they have any sympathy

towards the ex-prisoners and whether they agree that soc ie ty

can play a v i t a l r o le in the r e s o c ia l iza t io n o f the ex­

prisoners. The questionnaire has also sought from the

soc ia l workers an answer about the usual a tt itu de o f the

p o l ic e o f f i c e r s , prosecutors, defence lawyers towards the

o ffenders . Besides other questions, the group was asked

t o g iv e t h e i r suggestions regarding any modification in

present sentencing system, p o l ic e system and prison system.

CHAPTER: I 1-38

NOTES AND REFERENCES

1. Bromberg,Wi Crime and the Mind (1965)10

2. Chockalingam.K:"A Study o f Relationship between Incpmeand Expenditure and Past L i f e Among R e c id iv is t s ' . Indian Journal o f Criminology. V o l . I I (Ju ly 1980)141

3. Raj.A .S: "Soc ia l Change and Crime in India".Crime,Correctionand Probation (1975)18

4. Gour,H.S» Penal Law o f In d ia ,V o l . l ( 1972)1

5. Act No.XLV o f 1860

6. See genera lly 'C rim e in Ind ia1.Bureau o f P o l ic e Researchand Development,New Delh i(l970 t o 1977)

7. Act N o .I o f 1878

8. Act No.IV o f 1884

9. Act No. IV o f 1884

10. Act No.VI o f 1908

11. Act No. CIV o f 1956

12. Act No.IV o f 1939

13. Act No.IX o f 1890

14. 'Crime in In d ia ' , Supra note 6

15. Act N o . I I o f 1947

16. Act No.IV o f 1939

17. Act No.XVI o f 1927

18. Act No.IV o f 1884

19. Act No.VI o f 1908

20. Varma,Pi Pathology o f Crime and Delinquency( 1972)88-9See also Data India (Nov.30-Dec.6,1981)582

1-39

21. Bromberg,W: Crime and the Mind (1965)11

22. Vetter ,H .G i and Simonsen, C. E: Criminal Justice inAmerica.The System-The Process-The People( 1976) 13

23. Maine.H: Early Law and Custom(1883)9

24. See Hobbes: Leviathan. Every man's L ibrary No.691(1951)164

25. See Rousseau,J.Js 'Great Ideas' Encyclopaedia Britanica(1952)493

26. Bromberg,W: Supra note 21 at 32

27. Jones,H: Crime and the Penal System( 1962) 38

28. Stephen,J.F: H istory o f the Criminal Law in EnglandV o l .1(1883)473

29. Eaton ,J.W:'Stone Walls-Not A Prison Make (1962)3-4

30. Sethna, J.M.J: Soc ie ty and the Criminal( J 971) 315-16

31. Jain.M.P: Out Lines o f Indian Legal H is to ry (1972)1

32. Youthful Offender: a boy under th e age o f 15 yearsn

33. ihushan.V: Prison Reform Movement in India^The IndianJournal o f Soc ia l Work (Jan .1971) 407-16

34. See 'P r isons in In d ia ' , Department o f Soc ia l Welfare,New Delhi C.B, Publications (March 1969)3

35. Mahra.A: "Indian P r is o n s . . .Some basic fa c ts " 5 pointo f view (5 th Oct. 1974) 4

36. See Everyman's Encyclopaedia,Vol.X(1967) 169

37. See genera l ly Open Prisons in India.Department o fSoc ia l Welfare .New Delhi C.B. Publications

38. Ac)aryafC.M: H istory and P r in c ip les o f Criminal Law(1948)ll

39. See genera lly Andry,R.G: 'The short-term Prisoner (1963)

40. See genera lly $hushan,Vi Prison Administration in India(1970) '

41. See genera lly Bhattaeharya,S.K: Prisons (1958)

1-40

12. ->ee Generally Srivastava ,->.P: Th" Indian orison Community (1977)

43. See genera lly S idd iq i,M .Z j Sentencing of Jt fenders:Patterns and P o l ic ie s .Jh.U.Thesis(Unpublish“ d) A.M.U.(1971)

44. See genera lly (ihosh.S.KJ P o l ic e Adr"inist rat ion( 1973)also Ghosh,S.Ki Indian P i l i c e At Cross i’.oad'U 1 '75)

43. Se^ genera lly Nat.h,T: Tne Indian P o l ic e :A ease? fo r New Imaqe (1978)

46. Sea genera lly ^ehari,Cj The i 'r inc ip s of Administrationo f Criminal Justice( 1963)

47. See genera lly Chhabra.K.si iuantun i f *Junishment inCriminal Law in India(1970)

48. Sea genera lly Glueck,s . and Glueck,Hs 500-Criminal Careers(1965)

49. i>ee genera lly Bromberg,><« Crime and th<? Mind (1965)

50. See genera lly Haton.J.iVi Stone <»all-Not A Prison Make(1962)

51. See genera lly Morris ,P: Prisoners and Thair Famiiif>s( 1965)

52. See genera lly Tannenbaurm,FJ Crime and the Community( 1951)

53. Adam.H.Lt Th® Indien Criminal (1904)11

54. Bdwardes,S.Mj Crime in India (1924)1

55. See Appendix - V I I I56. See Appendix - I I

57. See Appendix - I I I

58. See Appendix - IV

59. See Appendix - V

60. See Appendix - VI

61. Soe Appendix - V I I