Penology and Victimology

1. Penology and Victimology

2. Discuss the rights of Prisoners under the
Indian constitution
• Introduction
• Prison is an institution for the confinement of persons who have been
remanded (held) in custody by a judicial authority for doing a crime
• Prisoner means any person who is kept under custody in jail or prison
because he/she committed an act prohibited by law.
• The conviction of a human does not render him non-human.
• He still remains a human who should be treated like one.
• He should be given the basic human rights available to every man on the
earth
• Sunil Batra v. Delhi Administration it has been stated that it must be
realised that a prisoner is a human being.

3. Fundamental Rights of a Prisoners
• In the case of the State of Andhra Pradesh v. Challa Ramkrishna Reddy, the court
held that a prisoner is entitled to all the fundamental rights.
• Right to meet family: their family member or friend should be informed of their
arrest, and must have the option to visit the prisoner subject to certain security
criterion.
• Right to Life and personal liberty: prohibits any inhuman, cruel or degrading
treatments
• Right to Legal Aid: provides for free legal aid to the poor and weaker sections of
the society and ensures justice for all.
• Case Law: M.H. Wadanrao Hoskot v. State of Maharashtra, the Court held that
the right to legal aid is one of the ingredients of fair procedure

4. • Right to Speedy Trial: It is very well said that justice delayed is justice
denied. Every prisoner has a right to a speedy trial irrespective of the
crime he is convicted of.
• Case Law: Hussainara Khatoon v State of Bihar:In Hussainara
Khatoon (II) v. Home Secretary, State of Bihar, the Court while
dealing with the cases of under trials who had suffered long
imprisonment held that a procedure which keeps such large number
of people behind bars without trial so long cannot possibly be
regarded as reasonable, just or fair so as to be in conformity with the
requirement of Article 21.

5. • Right to Privacy: Narco analysis or brain mapping on accused, suspects and
witnesses without their consent is unconstitutional and violation to Right
to Privacy Case Law : Selvi and Ors v. State of Karanataka.
• Rahmath Nisha v. Additional Director General of Prisoner and Others:
• The Madras Court held that the prisoner should be allowed to visit his wife
in hospital and that the meeting between him and his wife should not be
monitored.
• Every person so arrested has a right to be produced before the magistrate
within 24 hours of his arrest. This right flows from Article 22(2) of the
Constitution of India and Section 57 of CrPC. Such a safeguard is provided
with an intention to protect the person under custody from the likelihood
of ill- treatment and torture in custody by the police.

6. • Right against solitary confinement, handcuffing and bar fetters: Solitary
confinement is a kind of imprisonment in which the convict or prisoner is kept in
a different cell with little or no contact from other inmates. Such confinement
shall in no case exceed fourteen days at a time. They can kept only if are of more
dangerous.
• In the case of Prem Shanker Shukla v. Delhi Administration, the petitioner was
an under-trial prisoner in Tihar jail. He was required to be taken from jail to
magistrate court and back periodically in connection with certain cases pending
against him. The trial court has directed the concerned officer that while
escorting him to the court and back handcuffing should not be done unless it was
so warranted(when there is a danger of the prisoner becoming violent or when the
person being arrested is likely to escape from custody)
• Right to health and medical treatment: The Gujarat High Court in Rasikbhai
Ramsing Rana v. State of Gujarat held that the right to medical treatment is one
of the basic human rights that should be made available to every person. The
court further guided the concerned jail authorities to take proper mental and
physical health care of the prisoners which were suffering from any type of
disease.

7. • Right to live with human dignity: The idea behind is that every person’s
life is precious and irrespective of the circumstances, he should be given a
sense of dignity to help him continue living.
• Right to Education: . In Mohammad Giasuddin v. State of AP, the court
tried to regulate the manner of work and education provided to the
inmates of the jail.
• Right to receive books/magazines: prisoners must have access to reading
materials and other educational facilities to nurture their skills and overall
personality development.
• Right to publication: State of Maharashtra v. Prabhakar Pandurang
Sanzgir wherein an accused detained under preventive detention was not
allowed to hand over his unpublished book to his wife for publication, the
court termed such an act as violative of Article 21.

8. Conclusion
• Prisoners do not cease to be human beings when put behind bars.
The Supreme Court and many other courts of India have stated in
several cases that prisoners should not become a victim themselves.
And are provided with a proper rehabilitative environment to help
them improve and become better beings.

9. Vicitims right to compensation Crpc Sec 357
• Victim: A victim of crime is a person who suffers any loss or injury as a result of the crime
• victim" is defined in Section 2(wa) by the Code of Criminal Procedure (Amendment) Act
,2008of the Criminal Procedure Code, 1973. The term "victim" means a person who has
suffered any loss or injury caused by reason of the act or omission for which the accused
person has been charged and the expression "victim" includes his or her guardian or
legal heir.
• Compensation is money awarded someone in recognition of loss, suffering or injury.
• The compensation to victim of crime is a matter of concern, throughout the world.
• More than four decades back Krishna Iyer J speaking, It is weakness of our judicial system
that victims of crime and the distress of their dependents of the victim do not attract the
attention of law.
• the word "victim" was defined widely by the Code of Criminal Procedure (Amendment)
Act ,2008 of the Criminal Procedure Code, 1973 where the term "victim" includes his or
her guardian or legal heir.

10. • There was 3 important amendments in Crpc in the year 2008, & 2013
as a result of this amendment we got section 357A 357B and 357C

11. Victim Compensation Scheme (S357A) was brought in with
effect from 31.12. 2009 through the Code of Criminal Procedure
Amendment Act, 2008
• (1)Every State Government in co-ordination with the Central Government shall prepare a scheme for providing
funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result
of the crime and who, require rehabilitation.
• (2)Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the
State Legal Service Authority, as the case may be, shall decide the quantum of compensation (quantum of
compensation may be determined by taking into account the nature of crime, the justness of claim by the victim
and the ability of accused to pay) to be awarded under the scheme referred to in sub-section (1)
• (3)If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is
not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be
rehabilitated, it may make recommendation for compensation.
• (4)Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the
victim or his dependents may make an application to the State or the District Legal Services Authority for award of
compensation.
• (5)On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal
Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two
months.
• The State or the District Legal Services Authority, as the case may be, to reduce the suffering of the victim, may
order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the
police officer (inspector or sub inspector)not below the rank of the officer incharge of the police

12. Section 357B – Compensation to be in addition to fine under
section 326A or section 376D 0f IPC
• The compensation payable by the State Government under
section 357A shall be in addition to the payment of fine to the victim
under section 326A (lays down the punishment for acid attacks)
section 376AB (commits rape on a woman under twelve years of age)
section 376D (Intercourse by any member of the management or staff
of a hospital with any woman in that hospital),
section 376DA (Punishment for gang rape on woman under sixteen
years of age.)
• section 376DB (Punishment for gang rape on woman under twelve
years of age) of the Indian Penal Code.

13. CrPC Section 357C. Treatment of victims
• All hospitals, public or private, whether run by the Central Government, the State
Government, local bodies or any other person, shall immediately, provide the
first-aid or medical treatment, free of cost, to the victims of any offence covered
under section 326A (lays down the punishment for acid attacks) , 376
(Punishment for sexual assault), 376A(Whoever has sexual intercourse with his
own wife, who is living separately from him under a decree of separation or
under any custom or usage without her consent), 376B(Whoever, being a public
servant, takes advantage of his official position and induces or seduces, any
woman, who is in his custody as such public servant or in the custody of a public
servant subordinate to him, to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape), 376C( Intercourse by
superintendent of jail, remand home, etc), 376D (Intercourse by any member of
the management or staff of a hospital with any woman in that hospital) of the
Indian Penal Code 1860, and shall immediately inform the police of such incident.