A Project on:

Imprisonment as a Type of
Punishment

Submitted by: Nisheeth Agrawal (A005)

Submitted to: PROF. Isha Khurana

Subject: Law of Crimes I

Course: BBA, LLB (Hons.)

Academic Year: 2016-17

Submitted On: 1st December. 2016

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 Table of Contents

S. no. Title Page no

1 Statement of Problem 3
Objectives 3
Research Questions 3
Research Methodology 3
Review of Literature 4
Hypothesis 4

2 Chapter 1: Introduction 5-8

3 Chapter 2: Legal analysis 9-12

4 Chapter 3: Judicial 13-14

Interpretation

5 Chapter 4: Conclusion and 15-17

suggestions

6 Bibliography 18

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 IMPRISONMENT AS A KIND OF PUNISHMENT

Statement of Problem:
Life imprisonment (also known as a life sentence or life incarceration) is a sentence of
imprisonment for a serious crime under which the convicted person is to remain in jail for the
rest of his or her life. Life imprisonment, as distinct punishment for certain grave offences
under the Indian Penal Code was authorized by law w.e.f. 1st January 1956 when the Code of
Criminal Procedure (Amendment) Act, 1955 came into force. It was earlier known as
transportation for life. There are in all fifty-one sections in the Indian Penal Code which
provide punishment with imprisonment for life. There is always a debate as to the exact
duration of imprisonment of life.

Objectives:

 To Know possible purposes to the punishment of criminals

 The researcher will brief on various provisions related to the topic.

Research questions:
 What are the kinds and theories of punishment?
 How effective is punishment of imprisonment? How far is it relevant in today’s world?
 Are people getting reformed in today’s world? And if people are getting reformed,
which type of imprisonment is more effective- simple or rigorous?

Research Methodology:
Research is a systematic investigation into and study of materials and sources in order to
establish facts and reach new conclusions.

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The researcher will rely on secondary data for this research. The researcher will rely on books,
articles, judgments for the research. The researcher will also rely on opinions of various jurists
in regard with criminal jurisprudence.

Review of Literature:
 Indian Penal Code, 1860
 K.D. Gaur, Textbook on Indian Penal Code 70-94
 P.S.A. Pillai , Criminal Law- Incorporating the Criminal Law (Amendment) Act

Hypothesis:
The researcher assumes that provisions relating to “imprisonment as a punishment” are not
clearly been defined in the IPC, 1860.

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 CHAPTER 1
INTRODUCTORY

The determination of appropriate punishment after the conviction of an offender is often a

question of great difficulty and always requires careful consideration. The law prescribes the
nature and the limit of the punishment permissible for an offence, but the Court has to
determine in each case a sentence suited to the offence and the offender. The maximum
punishment prescribed by the law for any offence is intended for the gravest of its kind and
it is rarely necessary in practice to go up to the maximum. The measure of punishment in any
particular instance depends upon a variety of considerations such as the motive for the crime,
its gravity, the character of the offender, his age, antecedents and other extenuating or
aggravating circumstances, such as sudden temptation, previous convictions, and so forth,
which have all to be carefully weighed by the Court in passing the sentence.

The real purpose of sending criminals to prison is to transform them into honest and law
abiding citizens by inculcating in them a distaste for crime and criminality. But in actual
practice, the prison authorities try to bring out reformation of inmates by use of force and
compulsive methods. Consequently, the change in the inmates is temporary and lasts only till
they are in the prison and as soon as they are released they again get attracted towards
criminality. It is for this reason that the modern trend is to lay down greater emphasis on the
prisoners so that they can be rehabilitated to normal life in the community. This objective can
be achieved through probation and parole. The sincerity, devotion and tactfulness of the
prison officials also help the in the process of offender’s rehabilitation.

Kinds of imprisonment and their selection—The Indian Penal Code provides for
imprisonment of two kinds, viz.; simple and rigorous, and the Court must choose one or the
other form in view of all the circumstances. In certain Local and Special Acts, it will be found
that the Legislature has not specified the kind of imprisonment which may be awarded, under
Section 3(27) of the General Clauses Act, 1897, such imprisonment may be simple or rigorous.

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In the case of many offences under the Indian Penal Code and other Acts, it is provided that
the offender shall be punished with imprisonment up to a certain term and shall also be liable
to fine. In such cases the offender must be sentenced to some period of imprisonment
(however small), but it is not obligatory to impose fine in addition, as supposed by some
Magistrates.

The Fourth kind of punishment is “Imprisonment”. It is of two descriptions, viz.—

 Rigorous, i.e., with hard labour; and

 Simple.

(i) Rigorous Imprisonment i.e. with Hard Labour:

There are certain offences defined in the Indian Penal Code, for which rigorous imprisonment
may be imposed by the Courts.

Examples: House- trespass under Section 449 of IPC; fabricating false evidence with intent to
procure conviction of an offence which is capital by the Code (Sec. 194); etc.

For such offences, rigorous imprisonment may be imposed. In rigorous imprisonment, the
convicted person is put to do hard labour such as digging earth, cutting stones, agriculture,
grinding corn, drawing water, carpentry, etc. The Supreme Court suggested that the offenders
imposed hard labour should be paid minimum wages. The trial Court, while disposing Bombay
Blast Case (2007), sentenced Sanjay Putt, a Bollywood Hero, for rigorous imprisonment for a
period of six years. Until the Supreme Court gave the Bail, Sanjay Dutt did carpentry work for
30 days and earned Rs. 39/- during that period.

While disposing the case Sunil Batra v. Delhi Administration, the Supreme Court observed:
“Hard labour in Sec. 53 has to receive a humane meaning.

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A girl student or a male weakling sentenced to rigorous imprisonment may not be forced to
break stones for nine hours a day. The prisoner cannot demand soft jobs but may reasonably
be assigned congenial jobs. Sense and sympathy are not enemies of penal asylums.”1

(ii) Simple imprisonment:

This punishment is imposed for the lighter offences. Examples: public servant unlawfully
engaging in trade or unlawfully buying or bidding for property (Sections 168-169); absconding
to avoid service of summons or other proceedings, or not attending in obedience to an order
from a public servant (Sections 172-174); to obstruct traffic or cause public nuisance; eve-
teasing, drunken brawls, etc.; refusing oath when duly required to take oath by a public
servant (Section 178); wrongful restraint (Sec. 341); defamation (Sec. 500) etc.

The different theories of Punishment are as follows2 –

 Deterrent Theory
 Retributive Theory
 Preventive Theory
 Reformative Theory

A) DETERRENT THEORY-

“Deter” means to abstain from doing an act. The main purpose of this theory is to deter or
prevent the wrongdoers/criminals from doing the crime or repeating the same crime in
future. This theory says that severe punishments are inflicted upon the offender so that he
abstains from committing a crime in future and it would also be a lesson to the other members
of the society, as to what can be the consequences of committing a crime. Even though the
theory has proved effective, it has certain defects.

1
AIR 1980 SC 1675
2
Shaswata Dutta, Theories of Punishment- A Socio-Legal View
http://www.legalserviceindia.com/articles/pun_theo.htm (last updated dec.01, 2016)

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B) RETRIBUTIVE THEORY-

Retributive theory of punishment is based on the principle- “An eye for an eye, a tooth for a
tooth”. Retribute in literal sense means to give in turn. The theory objects to make the
criminal realize the suffering of the pain by subjecting him to the same kind of pain as he had
inflicted on the victim. This theory aims at taking a revenge rather than social welfare and
transformation.

This theory has not been supported by the Criminologists, Penologists and Sociologists as they
feel that this theory is brutal and barbaric.

C) PREVENTIVE THEORY –

This theory too aims to prevent the crime rather than avenging it. As per this theory, the idea
is to keep the offender away from the society. This criminal under this theory is punished with
death, life imprisonment etc. This theory has been criticized by some jurists.

D) REFORMATIVE THEORY –

This theory is the most humane of all the theories which aims to reform the legal offenders
by individual treatment. The idea behind this theory is that no one is a born Criminal and
criminals are also humans. Under this theory, it is believed that if the criminals are trained
and educated, they can be transformed into law abiding citizens. This theory has been proved
to be successful and accepted by many jurists.

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 CHAPTER 2
LEGAL ANALYSIS

Imprisonment, if properly used, may serve all the three important objects of the punishment.
It may be a deterrent, because it makes an example of the offender to others. It may be
preventive, because it disables the offender, at least for some time, from repeating the
offence, and it might, if properly used, give opportunities for reforming the character of the
offender.

Are people getting reformed in today’s world? And if people are getting reformed, which
type of imprisonment is more effective- simple or rigorous?

Jails in the country have turned into veritable hell holes where prisoners die routinely, get
killed in bloody fights or are hounded to death by sexual predators.

Prison reforms occur only on paper as overcrowded jails burst at the seams and inmates live
in subhuman and gutter-like conditions.

 Arthur Road Jail, Mumbai3

Mumbai's Arthur Road Jail, which houses some of India's most wanted criminals and
terrorists, is overcrowded.

While high-profile inmates manage to get bigger space and better facilities "for a price",
others find it difficult to even stretch their legs during night in their stinking, cramped cells.

A paramilitary trooper stands guard outside Arthur Road Jail, where Mohammad Ajmal Kasab
was lodged. A paramilitary trooper stands guard outside Arthur Road Jail, where Mohammad
Ajmal Kasab was lodged. Toilets are not cleaned for days, and living in such close proximity to

3
http://www.dailymail.co.uk/indiahome/indianews/article-2294853/Rotting-bars-As-claims-daily-violence-
sexual-assault-hell-hole-conditions-dog-Tihar-Jail-MAIL-TODAY-takes-look-life-Indias-toughest-prisons.html

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 so many people has led to prisoners getting skin diseases, an inmate charged with assault
claimed.

Former IPS officer Y.P. Singh says Arthur Road Jail, along with Thane Jail, should rank among
the worst prisons in Maharashtra.

 Kotbhalwal Jail, Jammu4

A diplomatic cable obtained by the whistle-blowing website Wikileaks unveiled some

shocking facts about this jail in 2010.

It revealed that the Red Cross briefed US diplomats about the use of electrocution, beatings
and sexual humiliation of detainees in the jail in 2005.

Similarly, On October 27, 1993, the police had opened fire on Kashmiri inmates in the jail,
killing five prisoners and injuring 28 others after they objected to the search of a political
detainee's mother, who had come to meet her son.

Another incident took place in 2004, when police resorted to teargas shelling and aerial firing
on prisoners.

 Tihar Jail, New Delhi5

Two alleged suicides within four days in Delhi's Tihar Jail last week raised questions over
security measures in place in the largest prison in south Asia.

According to official figures, at least 20 prisoners have committed suicide in Tihar in the last
10 years.

Despite taking a reformist approach towards the inmates in recent times, Tihar authorities
are facing a slew of challenges such as overcrowded cells, inmates' safety and questionable

4
ibid
5
ibid

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 living conditions. Tihar has always been in the spotlight for housing many top politicians and
scamsters.

 Alipore Central Jail, Kolkata6

There have been allegations of dreaded criminals running extortion and drug rackets from the
Alipore Central Jail in Kolkata. Many inmates have costly phones that they use to contact their
associates in and outside the jail. Jailed gangsters also collect money as 'upkeep charge' from
newcomers or those who belong to relatively less notorious gangs, sources say.

An inmate can reportedly also get food of his choice or admission to the jail hospital by paying
off the big gangs.

 Bilaspur Model Jail, Himachal Pradesh7

The open-air model jail in Himachal Pradesh's Bilaspur town is unique in the way it treats its
inmates.

Dozens of its convicts leave their cells in the morning and go out to work in the town - as
masons, labourers, salesmen, accountants, and similar. No police personnel accompany
them, and they are free to work until sunset. Surprisingly, there has been only one instance
in the last 50 years when an inmate did not return to the prison in the evening. He was later
caught.

"This jail has changed the meaning of life for me. The atmosphere here has inspired me to
become a good, law-abiding citizen," says Manoj Kumar, who is serving a jail term in a murder
case.

He earns about Rs. 150 daily by working as an accountant.

6
ibid
7
ibid

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Why promote Prison Reform?

A life imprisonment sentence deprives a person from his right to liberty. Imprisonment not
only affects the prisoner himself but also his family living in poverty. When an income
generating member of the family is imprisoned the whole family has to suffer and adjust to
the loss of income. The family has to suffer financial crisis because they have to engage a
lawyer, arrange food for the prisoner, transport to prison to visit the prison etc. Prisons have
very serious health implications. There are some prisoners who are suffering from various
diseases before entering to the prison or they get effected after coming in the prison. Hence
there is no healthy atmosphere in the prison.

A hefty portion of the detainment facilities in India are packed with no natural air, no
legitimate and nutritious sustenance and so on. Detainment disturbs connections and
debilitates social union, since the upkeep of such attachment depends on long haul
connections. At the point when an individual from a family is detained, the disturbance of the
family structure influences connections between life partners, and additionally amongst
guardians and kids, reshaping the family and group crosswise over eras. Mass detainment
creates a profound social change in families and groups.

Considering the above contemplations, it is basic to note that, while considering the cost of
detainment, record should be taken not just of the real supports spent on the upkeep of every
detainee, which is normally altogether higher than what is spent on a man sentenced to non-
custodial approvals, additionally of the backhanded costs, for example, the social, monetary
and human services related costs, which are hard to quantify, however which are huge and
long haul. The size of the pre-trial prisoners is higher than that of the convicted prisoner. Pre-
trial detention period is the most open period for the abuse of criminal justice process.
Although pre-trial detainees should be presumed innocent until found guilty by a court of law,
and treated as such, conditions in pre-trial detention are often much worse than those of
prisons for convicted prisoners.

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 CHAPTER 3
JUDICIAL INTERPRETATION

K.M. Nanavati vs. State of Maharashtra8

Facts of the case:

Nanavati was second in command of Indian Naval Ship during the time he committed murder.

Married to a lady named Sylvia and had three children with her.

He had to keep moving from one place to another in his course of employment and which at
last was in MUMBAI.

Mr. Nanavati and his wife met Mr. Ahuja through a common friend.

Ahuja and Sylvia became good friends and gradually their friendship turned into an intimate
relationship.

On April 27, 1959, Sylvia confessed to her husband Nanavati about her and Ahuja’s illicit
intimacy.

Unable to bear the betrayal, angry Nanavati took from the store of his ship a semi-automatic
revolver and six cartridges on a false pretext, loaded the gun and went to Ahuja’s flat. The
servant at Ahuja’s flat opened the door. Nanavati went to Ahuja’s bedroom and closed the
door from inside and abused Ahuja by calling him a Swine.

Nanavati then questioned Ahuja that whether he would marry Slyvia and look after his
children. To this Ahuja replied saying, “Am I to marry every women I sleep with?” The accused
Nanavati got enraged from this answer of his and placed the envelope containing the revolver
on a cabinet nearby and threatened to thrash the deceased. The deceased made a sudden
move to grasp the envelope, when Nanavati whipped out his revolver from the envelope and
told Ahuja to back off. A struggle went off between the two and in the course of the struggle

8
1962 AIR 605 1962 SCR Supl. (1) 567

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two shots went off accidentally and hit Ahuja which resulted in his death and thereafter
Nanavati surrendered to the Police.

Nanavati was charged under section 302 of the Indian Penal Code, 1860. The trial court
convicted him under Section 304A of IPC and later under an appeal the high court converted
it into S.302 of IPC

Judgement:- It was held by the court that the conduct of the accused clearly showed that the
murder committed by him was a deliberate one and the facts of the case don’t attract the
provision of Exception I of section 300 of Indian Penal Code as the accused by adducing
evidence failed to bring the case under General Exception Of the Indian Penal Code.
Therefore, as a result, the court convicted Nanavati under section 302 of Indian Penal Code
and sentenced him of Imprisonment for Life.

CONCLUSION: In KM Nanavati verses State of Bombay, the court held that the apparently
absolute power of Governor under Art. 161 of Constitution to grant pardon/suspend a
sentence passed on an accused person is not available during the period the matter becomes
Sub-Judice before the Supreme Court (i.e. matter has been referred to the court), as
otherwise it will conflict with the judicial power of that court provided under Art. 142.
Therefore on the principle of harmonious construction and to avoid a conflict between the
two powers it must be held that Art. 161 does not deal with the suspension of sentence during
the time that Art. 142 is in operation and the matter is sub-judice in this Court.

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 CHAPTER 4
CONCLUSION & SUGGESTIONS

India currently doesn’t have structured sentencing guidelines that have been issued either by
the legislature or the judiciary. In March 2003, the Committee on Reforms of Criminal Justice
System (the Malimath Committee), a body that was established by the Ministry of Home
Affairs, issued a report that emphasized the need to introduce sentencing guidelines in order
to minimize uncertainty in awarding sentences, stating,

The IPC prescribed offences and punishments for the same. For many offences, only the
maximum punishment is prescribed and for some offences the minimum may be prescribed.
The Judge has wide discretion in awarding the sentence within the statutory limits. There is
now no guidance to the Judge in regard to selecting the most appropriate sentence given the
circumstances of the case. Therefore, each Judge exercises discretion accordingly to his own
judgment. And therefore, no uniformity. There are judges that are lenient and there are also
judges that are harsh. Exercise of unguided discretion is not good even if it is the Judge that
exercises the discretion. In some countries guidance regarding sentencing option is given in
the penal code and sentencing guideline laws. There is need for such law in our country to
minimise uncertainty to the matter of awarding sentence. There are several factors which
are relevant in prescribing the alternative sentences. This requires a thorough examination
by an expert statutory body.

The Committee further advised that, in order to bring “predictability in the matter of
sentencing,” a statutory committee should be established “to lay guidelines on sentencing
guidelines under the Chairmanship of a former Judge of Supreme Court or a former Chief
Justice of a High Court experienced in criminal law with other members representing the
prosecution, legal profession, police, social scientist and women representative.” In 2008, the
Committee on Draft National Policy on Criminal Justice (the Madhava Menon Committee),
reasserted the need for statutory sentencing guidelines. In an October 2010 news report, the

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Law Minister is quoted as having stated that the government is looking into establishing a
“uniform sentencing policy” in line with the United States and the United Kingdom in order
to ensure that judges do not issue varied sentences.

In 2008, the Supreme Court of India, in State of Punjab v. Prem Sagar and Ors. 9, additionally
noticed the nonattendance of legal driven rules in India's criminal equity framework,
expressing, "in our legal framework, we have not possessed the capacity to create lawful
standards as respects sentencing. The prevalent courts, aside from mentioning observable
facts with respect to the indicate and protest for which discipline is forced upon a guilty party,
had not issued any rules." The Court expressed that the predominant courts have gone over
an expansive number of cases that "show irregularities as respects the arrangement of
sentencing," including, "though the quantum of discipline for commission of a comparative
sort of offense fluctuates from least to most extreme, even where [the] same sentence is
forced, the standards connected are observed to appear as something else. Comparable
errors have been seen as to inconvenience of fines." In 2013 the Supreme Court, on account
of Soman v. Condition of Kerala10, additionally watched the nonattendance of organized rules:

Offering discipline to the wrongdoer is at the heart of the criminal equity conveyance,
however in our nation, it is the weakest part of the organization of criminal equity. There are
no authoritative or judicially set down rules to help the trial court in distributing the only
discipline to the blamed confronting trial before it after he is held liable of the charges.

Notwithstanding, in depicting India's sentencing approach the Court has additionally affirmed
that "the difficulty of setting down guidelines is at the very centre of the Criminal law as
directed in India, which contributes the Judges with a wide prudence in the matter of settling
the level of discipline."

Sentencing system is set up under the Code of Criminal Procedure, which gives wide optional
sentencing forces to judges. In a 2007 paper on the requirement for sentencing strategy in
India, creator R. Niruphama affirmed that, without a satisfactory sentencing strategy or rules,
it comes down to the judges to choose which components to consider and which to disregard.

9
(2008) 7 SCC 550z
10
2004 (3) KLT 577

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Also, he considered that wide watchfulness opens the sentencing procedure to manhandle
and permits individual partialities of the judges to impact choices.

SUGGESTIONS

 India should have structured sentencing guidelines which can either be issued by the
legislature or the judiciary.

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 CHAPTER 5
BIBIOGRAPHY

1. Books-

 Indian Penal Code, 1860

 K.D. Gaur, Textbook on Indian Penal Code 70-94
 P.S.A. Pillai , Criminal Law- Incorporating the Criminal Law (Amendment) Act

2. Websites-

 www.lawnn.com
 www.lawteacher.net
 www.loc.gov
 lawmantra.co.in
 www.legalserviceindia.com
 www.manpatra.com

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