Anjali Bhatt, Assistant Professor, School of Law, UPES, Dehradun
A prison is state or federal facility of confinement for convicted criminals, especially felons1. It can also be termed as penitentiary; penal institution; adult correctional institution. In fact prison is a very important functionaries of the administration of criminal justice.
Prison comes under List II of Indian Constitution, which demarcates it as a state subject2. “Prison”3 has been defined as any jail or place used permanently or temporarily under the general or especial order of state government of detention of prisoners, and include all lands and buildings appurtenant thereto, however, the same Act clearly mentions that it excludes:
Any place for the confinement of the prisoners who are exclusively in the custody of the police.
Any place specifically appointed by the state government under section 541 of the Code of Criminal Procedure, 1882.
Any dwelling area which has been affirmed by the state government, by the general or especial order, to be a subsidiary jail.
Although several state governments have amended it to more clearly explain its objective such as the State of U.P. which has added the word “and reformation”.
However it has always been a very difficult task to comment on the background of this age old institution. It can partially be attributed to the obscure history of the development of prison as an institution of criminal justice system. Most of the authorities simply say that the institution is as old as human civilization. Although one can very well say that it carries out the punishment ordered by a recognized authority in a designated place under the conditions of inconvenience and confinement.
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