Module 1:

What is Penology: Penology: Peona latin word, Penalty: scientific study of prison as well as
administration of communal justice system is beingology. Scientific study of criminals as well as
penalties. Object is to apply penal sanctions for the wrongdoer.
Scientific study of prison as well as administration of criminal justice system is phenology.
Penology deals with care, custody, treatment, prevention, and control of crimes as also the
various modes of sentencing and rehabilitation of criminals.
Criminology is the study of crimes and criminal behavior, whereas penology is the study of
punishments related to crimes. Penology falls under the broader category of criminology.

Object n Scope of Penology

The objective of penology is to focus on how crimes are defined and punished, as well as how
prisons are managed. Penology also focuses on prisoner's rights, ensuring that inmates are
treated appropriately and receive rehabilitation programs.
Scope
The scope of penology is vast and hence it becomes difficult to define the same. Penology is
almost seen in every aspect and type of punishment for the crimes and offences. To limit the
scope we have to study basically all the aspects of penology, where all the things are explained
in their wider senses.
Guilt + punishment = innocence

1. Science of struggle against criminality and to find an idol method of prevention and treatment
of offenders.
2. Penology can be divided into prevention as well as treatment. the former operating before the
commission of crime and the later after the criminal act has been committed. ( Prevention and
treatment of offenders includes rehabilitation depending upon the gravity of the offence)
3. Penology means study of punishment, management and prison system.
4. To protect the society from criminal with the help of administration of criminal justice system.

Punishment: A suffering

• Punishment is the consequences of an act that is termed as crime and it is imposed for
defence of society.
• According to Jeremy Bentham, punishment may be defined as an evil resulting to an individual
from the direct intention of another on account of some act that appear to have been done or
omitting.
• Punishment is measured, adopted and enforced by the state and it is imposed by employing
force and against the will of the culprit.

Object Of The Punishment: The object of punishment is the prevention of crime, and every
punishment is intended to have a double effect, viz., to prevent the person who has committed a
crime from repeating the act or omission and to prevent other members of the society from
committing similar crimes.

Penology is a multi-disciplinary subject that aims for the study and evaluation of the application
of penal laws onto the wrongdoers. It broadly explains the justification, characteristics, and
effectiveness of punishment in its various forms. In other words, it is a systematic study of
different facets of punishment and its impact on crimes, criminals, and society. As a matter of
fact, penology owes its origin to Cesare Beccaria, the classical school of criminology. This Italian
criminologist argued that justification of punishment must be to deter potential criminals, and not
merely to punish the offender. Later, it was during the end of the 19th century that different
theories of punishment were propounded focusing on the aims and objectives of the
punishment.

Forms of Punishment: From Ancient to Modern:

In Ancient India
The history of the penal system states that the punishment was twisting, brutal, and ruthless in
nature. The objective of the punishment was deterrence and retribution. Due to his Penal
procedure, the crimes were less in numbers. Such punishments are categorized under the
following:
Capital Punishment: Capital punishment means the legally authorized killing of someone as a
punishment of a crime, a death penalty for a crime. It means a government-sanctioned practise
where a person is put to death by the state as a punishment for a crime. In ancient times, capital
punishment was executed for every small crime. It is the most extreme form of punishment. The
procedures of execution of the death penalty have varied from time to time.
Corporeal Punishment: It means a punishment that is intended to cause physical pain on a
person. It is also known as
physical punishment. It is a punishment for the violation of law which involves the infliction of
pain on the body. The objective behind corporeal punishment is not only to punish the offender
but also to prevent the repetition of the offense by such offender or any other person.
Social Punishment: It is a punishment in which a person is restrained to make any kind of
contract from the other persons or to move him at other places where he has no contract with
the other persons can help him in any manner otherwise he is also liable for the punishment for
it.
Financial Punishment: It is also known as imposing for fine. It was the common way of
punishment which was not significant in nature and it was assigned specially for the breach of
traffic rules, revenue laws, and minor crime. It also includes the payment of compensation to the
victims of the crime and also the payment of the costs of prosecution.

In modern India
Now, the severity of the punishment depends on the crime. If the person commits a serious
crime, he shall be liable to be punishable with the severe forms of punishment. In industrialized
societies, the forms of punishment are either fines or terms of imprisonment or both. The
objective behind such punishment is to correct unlawful behavior rather than directly punish
wrongdoers. According to Section 53 of the Indian Penal Code, the principal forms of
punishments to which offenders are liable are as follows:
Capital Punishment (Death sentence): As we have already studied that capital punishment
means the infliction of death by an authority.
In modern times, capital punishment is the most severe punishment of all, which is given for
severe offense. It is the most debated topic among modern penologists. It is not awarded for
small offenses just like in early times or ancient times. It is given for the case of a severe
offense. As society develops the concept and producer of punishment have been changed. It is
awarded only in the ‘rarest of rare cases’ under the Indian Penal Code.
Under Section 121, states that waging, or making an attempt to wage war against the
government of India.
Under Section 132: Abetment of mutiny, if mutiny is performed.
Under Section 194: Giving or Fabricating False Evidence upon which an innocent person suffers
death.
Under Section 302: Punishment for Murder.
Under Section 303: Murder by Life Convict.
Under Section 305: Abetment of Suicide of a Minor or an Insane or an intoxicated person.
Under Section 307: Attempt to Murder by a person who is under sentence of life imprisonment,
if the hurt is caused.
Under Section 364A: Kidnapping for Ransom etc.
Under Section 396: Dacoity with Murder.
Under Section 376A: Punishment for rape resulting in death or permanent vegetative state.
Under Section 376E: Punishment for repeat wrongdoer of rape.
Life imprisonment: Life imprisonment means a person shall remain in jail for the rest of his
entire life. It is one of the
best alternatives to the death sentence for those offenses in which either punishment can be
awarded.
Imprisonment: an imprisonment is an act of putting someone in prison or in jail as a legal
punishment. The
imprisonment is having three types and they are as follows:
Rigorous, Simple, Solitary Confinement.
Forfeiture of Property: the ‘forfeiture’ means something that is lost or surrendered as a penalty
and the word forfeiture
of property means the loss of property or money because of a breach of legal obligation.
Fine: The amount of fine depends upon the commands of the court.

Theories of Punishment
Punishment is the penalty on someone as a result of their wrongdoing.
Crime is against society. Police aid in preventing the crime by arresting the criminals and
forwarding them to court, where they are punished according to the law. The result of crime is
punishment. The main aim of punishment is to reform the criminals and convert them into good
Samaritans (a person who voluntarily offers help or sympathy in times of trouble) and
law-abiding citizens.
Five theories of Punishment:
1. Deterrent theory
The word ‘deter’ means to prevent. Here, deterrent theory refers to refraining from doing a
particular act.
The main goal behind using this theory is to restrain criminals from committing a crime. In such
theories, punishments awarded are severe in nature which creates a fear not only in the
criminal’s mind but also in the mind of others.
This theory is still prevalent in some Islamic countries.
Object: The object of this theory is not only to prevent the wrongdoer from doing a wrong
subsequently but also to make him an example for society and other people who have criminal
tendencies.
Drawbacks
Punishment fails to create fear in the mind of criminals once the punishment is over.
This type of punishment fails to create fear in the mind of hardened criminals.
Arouses sympathy in the mind of the public for criminals.
Example of the deterrent theory of punishment: Post Nirbhaya judgment, still rape cases are on
the rise.
2. Retributive theory:
The word ‘retribute means to give in return the same thing that has been received. To payback.

It is also known as Vengeance Theory. It is based on the principle – tit for tat. This theory is
against the principle of Mahatma Gandhi.
There was a belief that if the offender is subjected to the same torture as he had done to the
victim, then it makes the offender realise what he has done.
Object: This theory proposes tit for tat, eye for an eye, tooth for a tooth. The punishment has to
be proportional to the crime committed. The believers of this theory say that criminals must
suffer pain. Retributive theory is the most ancient theory of justice.
Drawbacks
It exasperates (irritate and frustrate intensely) the offender.
There is no relief for the offence committed by the offender.
This type of punishment reflects the wild character of justice.
Punishment may not be revengeful always.
Example of the retributive theory of punishment: Rape in return for rape may not be a
punishment for the offender.
3. Preventive theory
The main aim of this theory is to prevent crime. When the criminals are kept in jails, they are
kept out of society. The object of this theory is to prevent or disable the offenders from repeating
the offence by giving them punishment. A supporter of preventive theory is Paton.
Examples of the preventive theory of punishment include death, life imprisonment, forfeiture of
property etc.
Drawbacks
Fails to fulfil the aim of juvenile offenders and offenders who have committed the offence for the
first time.
4. Reformative theory
This theory focuses on reforming the criminals and bringing the criminals back to society as
good and law-abiding citizens. This is based on the Gandhian principle: Hate the sin, not the
sinner.
This theory was successful to some extent in the case of juveniles. Some work or craftsmanship
is imposed on the offender during his period of confinement with the aim that he will start a new
life after his punishment is over.
Example of the reformative theory of punishment: Ankit, a prisoner, has learned pottery during
his stay in jail. After his release from jail, he started a pottery business, earned his livelihood and
lived happily.
Drawbacks
If this theory is applied to criminals, the prison will no more remain as a prison rather become a
dwelling house.
This theory fails to meet its objective on criminals who are habitual offenders.
If a good citizen is punished for what he has not done, this theory may have adverse effects.
5. Expiatory theory
Also known as Compensatory theory.
The theorists of this theory say that the object of the punishment is self-realization. If the
offender, after committing an offence, realizes his guilt, then he must be forgiven.
In other words: This theory relies on compensation to the victim for the loss caused by the
accused. In this way, the offenders are made to realise the same sufferings they have caused to
the victim.
Example of the expiatory or compensatory theory of punishment: Sukant, who injured Bikash,
undergoes imprisonment where he was made to work and sell his outcomes. The money
earned is provided to Bikash to compensate for his treatment.
Drawbacks
Oversimplification of the motive of the crime.
Too idealistic
Too impracticable in modern society.

What is capital punishment

The term ‘capital’ is derived from the Latin word ‘capitalis’, which means concerning the head.
Thus, to be subjected to capital punishment means to lose one’s head.
Capital punishment, also known as the death penalty, is the execution of a criminal who has
been sentenced to death by a court of law for a serious felony. It is known as the most severe
form of punishment. It serves as punishment for the most heinous, grievous, and abhorrent
crimes against humanity. Even though the definition and scope of such crimes vary by nation,
state, and age, the death penalty has always been the result of such crimes.
Under Section 121, states that waging, or making an attempt to wage war against the
government of India.
Under Section 132: Abetment of mutiny, if mutiny is performed.
Under Section 194: Giving or Fabricating False Evidence upon which an innocent person suffers
death.
Under Section 302: Punishment for Murder.
Under Section 303: Murder by Life Convict.
Under Section 305: Abetment of Suicide of a Minor or an Insane or an intoxicated person.
Under Section 307: Attempt to Murder by a person who is under sentence of life imprisonment,
if the hurt is caused.
Under Section 364A: Kidnapping for Ransom etc.
Under Section 396: Dacoity with Murder.
Under Section 376A: Punishment for rape resulting in death or permanent vegetative state.
Under Section 376E: Punishment for repeat wrongdoer of rape.

Persons exempted:
Minors, pregnant women, intectually disable.
Confirmation by the high court: sec 366 crpc.

Role of Indian Judiciary in Capital Punishment

Maneka Gandhi vs UOI, 1978: the death penalty is not a punishment for all crimes; rather, it is
only applied to the most heinous offences.
The “rarest of rare doctrine” was established by the landmark Bacchan Singh v. State of Punjab
(1980)
Rajendra Prasad v. State of Uttar Pradesh (1979): Two requirements for imposing death
Penalty, First, the specific reason or circumstance for which the offender was given this
punishment must be recorded. Second, it can only be applied in extraordinary circumstances.
Mukesh and Anr. v. State (NCT of Delhi) (2017), the Supreme Court upheld the death penalty
for four prisoners, describing it as “the rarest of rares” and stating that the crime committed was
horrifying to humanity. Later, the inmates’ requests for reviews were denied by the Supreme
Court.
In the case of Mithu v. State of Punjab (1983), it was determined that the death penalty under
Section 303 IPC is unconstitutional because it infringes on the safeguards enumerated in
Articles 14 and 21 of the Constitution.
Future of capital punishment in India
In Chhannulal Verma v. the State of Chattisgarh, In this case, he opined that the constitutional
regulation of the death penalty attempted in Bachan Singh has failed to prevent death
sentences from being "arbitrarily and freakishly imposed" and that death penalty has failed to
achieve any constitutionally valid penological goals.
Instances of past executions in India:
Dhananjoy Chatterjee v. State of West Bengal (2004)
Mohammed Ajmal Amir Kasab v. State of Maharashtra (2012)
State v. Mohd. Afzal & Ors. (Afzal Guru’s case, 2013)
Yakub Memon v. State of Maharashtra (2013)

Module 2:

Prison Admistration
Prison: A prison is something that can be defined as a kind of accommodation that is meant for
individuals who have committed an offence and are undergoing trial for having committed that
offence. The prisons and prisoners’ law in India are one of those laws that are constantly
unnoticed and forgotten. They are not given sufficient importance as they should be for reform in
todays’ scenario.

Types of Prisons: 7: Prisons have been established under three different levels, as enlisted
below-
The Sub level
The District Level; and
The Central Level

Central Jails- The criteria enlisted for being categorized as a central jail is different and varies
from one state to another. But something that has been noticed as a trend in India is that
persons who commit offences that are entitled to a punishment for a long period (that is, a
period more than two years) are more often confined to Central Jails and these jails have a
larger capacity and occupancy than those of other jails. These jails have additional facilities
such as rehabilitation.
The largest number of Central Jails are situated in Delhi (16) followed by Madhya Pradesh(11).
District Jails- They serve as the primary prisons in the states and the union territories where
there is no availability of Central Jails.
Sub Jails- These jails are smaller in sized and are placed at a sub-divisional area of the states.
There are states that have implemented a relatively higher number of these kinds of jails and
have a very well-organized set-up of prisons even though it is of a lower level than the other
jails.
Women’s Jails- These are those prisons that look forward to housing exclusively female
prisoners. These prisons may be existing at a sub-divisional, central and district level. As
Women’s Jails have a very limited capacity, women prisoners in India are often housed in other
prisons.
Borstal School- They are a type of a youth detention centre and are used for incarcerating and
housing minors and juveniles. Borstal schools make sure that juveniles and other young
offenders are ensured sufficient care, welfare and rehabilitation. This is to ensure that they are
kept in an environment that is volatile and safe. The juveniles in such schools are provided with
reformational training, education and moral influence that conducive and prevent crime rates.
Open Jails: Open jails are minimum security prisons. Only convicted prisoners with good
behavior satisfying certain norms prescribed in the prison rules are admitted in open jails.
Minimum security is kept in such prisons and prisoners are engaged in agricultural activities.
Special Jails: Special jails are maximum security prisons for the confinement of a particular
class or particular classes of prisoners. Prisoners housed in special jails are generally been
convicted of offences such as terrorism, violent crimes, habitual offenders, serious violations of
prison discipline, and inmates showing tendencies towards violence and aggression.

Special reference to open air jails

Concept and law relating to juvenile delinquency in India

Rights of Prisoners:Right to free legal aid

Right to speedy trial
Right against solitary confinement, handcuffing and bar fetters and protection from torture
Right to meet relatives, friends and consult legal practitioner of his choice
Right to reasonable wages in prison
Right to expression
Right for reasonable health care
Right to protection against torture

Prison reforms in India and judicial approach

Module 3:

Victimology: The primary concern of victimology is to seek justice for victims of crime who are
faced with multiple problems.victimology, branch of criminology that scientifically studies the
relationship between an injured party and an offender by examining the causes and the nature
of the consequent suffering.
Purpose of Victimology

Victimology is important to the field of criminal justice for a variety of reasons. Understanding the
adverse impact of victim blaming can assist the victim of a crime with the often painful process
of recovery.

“UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power”
Following rights have been granted to the victims of crime under the Declaration:
1. Access to Justice and Fair treatment: It is stated that the victim should be treated in a
dignified manner, and they have the right to speedy remedy and justice under the laws of the
nation. It is also essential to provide proper information to the victim regarding his role, scope,
and progress of the proceeding of their case. It is also important to note the concerns and the
views of the victim without being prejudicial to the accused. The victim should also be given all
the necessary legal aid during the ongoing proceedings. Ensuring safety and protecting the
privacy of the victim has also been given due attention.
2. Restitution- Any third-party or offender who is responsible for the predicament of the victim
should provide restitution to the victim and his/ her dependents. The Government should also
consider the concept of restitution as a method of punishment, apart from other forms of
sanctions.
3. Compensation- Sometimes, the offender cannot fully restitute the victim for his losses. In
such cases, the government should seek to provide some monetary compensation to the victim
and his dependents, who are also affected, so that the victim can start a new life without any
further problems. The state should set up a separate fund, which is specifically for the victim.