LLM Notes: Custodial Deviance in Indian Prisons: Concept and Landmark Judgments

 Introduction

Custodial deviance refers to unethical, illegal, or abusive behavior by prison staff, including wardens and officers, towards inmates. In the Indian context, where prisons are governed by the Prisons Act, 1894, and related regulations, such deviance undermines the rule of law and violates the fundamental rights of prisoners guaranteed under the Constitution of India. This article explores the concept of custodial deviance in Indian prisons and highlights key judicial interventions that have sought to address this issue.

Understanding Custodial Deviance

Custodial deviance encompasses a range of misconduct by prison staff, including:

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LLM Notes: Reparation of Victims under Indian Penal Law: Concept, Statutory Provisions, and Judicial Interpretation

 The Indian criminal justice system aims not only to punish offenders but also to provide adequate reparation and rehabilitation to victims of crime. Recognizing the victim's suffering and ensuring their restitution has become an integral part of criminal jurisprudence in India.

Basic Concept of Victim Reparation

"Reparation" refers to compensation or restitution provided to victims who have suffered harm, injury, or loss due to criminal acts. It serves dual purposes:

• Redressing the harm suffered by victims.

• Reinforcing the offender's accountability towards society and the victim.

Victims include individuals directly harmed by a crime, their dependents, or even those harmed while assisting victims or preventing victimization.

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LLM Notes: Prisoner Classification in India: Objectives, Methods, and Consequences

 Introduction

Prisoner classification is a foundational aspect of prison management, aimed at categorizing inmates based on specific criteria such as legal status, criminal history, gender, age, and health conditions. In India, this classification is governed primarily by the Prisons Act of 1894, supplemented by guidelines from the Model Prison Manual of 2016, judicial pronouncements, and recommendations from various expert committees. Effective prisoner classification is crucial for maintaining security, ensuring humane treatment, and facilitating rehabilitation within correctional institutions.

Categories of Prisoners in Indian Prisons

Indian prisons broadly classify prisoners into several distinct categories:

1. Convicted Prisoners

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LLM Notes: Concept of Fine under Indian Penal Law: An Overview

 Fine, as a form of punishment under Indian Penal Law, is a pecuniary penalty imposed by the court upon conviction of an offender. It is one of the recognized punishments under Section 53 of the Indian Penal Code (IPC), alongside death, imprisonment for life, imprisonment (rigorous or simple), and forfeiture of property.

Nature and Purpose

The imposition of fine under Indian criminal law serves multiple objectives. Primarily, it acts as a deterrent to discourage the offender from repeating the offence. Additionally, fines can serve a compensatory function, providing monetary relief either to the victim or to the state. The fine thus carries both punitive and compensatory dimensions, aiming not only at punishing the offender but also providing financial restitution to victims or contributing to state revenue.

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