• Dr. Rinku Mukeshbhai Darji Assistant Professor Shree P. M. Patel P.G.Institute of Law and Human Right, Anand, Gujarat, India.


Criminal, Law, Legal, Prisoner


Despite the fact that India is a civilised nation, it has failed to codify prisoners' rights. There are approximately 1400 jails in India, and without such restrictions, the rules exist only on paper, and many jail administrators also disregard them. The assumption is frequently made that inmates are uninformed of these rights and processes and that their rights are frequently violated without their agreement. V.R. Krishna Iyer (J) makes an accurate observation. Criminality is a terrible thing, and the purpose of criminal legislation is to keep it to a minimum. Historically, 'this' meant to accomplish it via harsh punishment of criminals. The concept acquired traction gradually, and the appropriate response should not be one of denunciation and suffocation. Rather than becoming a rapist, he will be rehabilitated and reintegrated into society. Among the numerous forms of punishment accessible in our criminal justice system, including fines, jail, and capital punishment, imprisonment provides the greatest potential for reform and rehabilitation. This research paper examines the circumstances of inmates in Indian jails, as well as abuses of their constitutional and human rights. Additionally, this essay would highlight why it is important to improve prisoner care and why protecting their human rights is critical. Additionally, the author would bring up the issue of fair pay for inmates and the implementation of labour regulations. Additionally, it will examine the judiciary's perspective on the issue and provide a decision about the improvement of inmates' conditions and the protection of their rights.


I. (1978) 3 SCC 544: AIR 1978 SC 1548

II. 1980 AIR 1579, from site

III. AIR 1963 SC 1295

IV. AIR 1975 SC 164, 1975 CriLJ 182, (1975) 1 SCC 192

V. AIR 1996 SC 2426: (1996) 4SCC 37

VI. Charles Sobaraj v. Supdt Central Jail Tihar, AIR 1978 SC 1514

VII. Section 1 of the Prison Security Act 1992

VIII. State of Maharashtra v Prabhakar Pandurang Sanzgir, AIR 1966 SC 424

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How to Cite

Dr. Rinku Mukeshbhai Darji. (2021). IN CRIMINAL LAW, THE RIGHTS OF THE PRISONER. International Education and Research Journal (IERJ), 7(9). Retrieved from