Introduction
Prisons are institutions established for the custody and management of persons detained or sentenced under law. Traditionally, imprisonment was viewed mainly as a means of punishment and social protection. However, modern criminal justice recognises that imprisonment must also promote correction, rehabilitation and the eventual reintegration of prisoners into society.1
David Garland, in Punishment and Modern Society, examines the relationship between punishment, society and the criminal justice system, and explains that imprisonment is not merely a method of imposing punishment but is also shaped by social, political and administrative factors.2 Erving Goffman’s concept of the “total institution”, developed in Asylums, is useful for understanding how prison life affects prisoners’ identity, autonomy and social relationships, and it highlights the need to balance institutional discipline with prisoners’ dignity.3 These perspectives help to assess whether Indian prisons function primarily as custodial institutions or as correctional and rehabilitative ones.
In India, the All India Committee on Jail Reforms, headed by Justice A. N. Mulla, examined the conditions of prisons and submitted its report in 1983. The Committee recommended improvements in prison administration, the classification of prisoners, prison infrastructure, staff training and correctional services. Its recommendations remain important because they provide an early foundation for transforming Indian prisons from custodial institutions into correctional institutions.4
Prisons and persons detained therein are matters within the State List under the Constitution.5 Consequently, the administration and management of prisons are primarily the responsibility of State Governments and Union Territory administrations. The Ministry of Home Affairs provides guidance, financial assistance and model frameworks to encourage uniformity and modernisation in prison administration.6
The prison system is governed by the constitutional protection of life and personal liberty under Article 21,7 along with other legal and judicial safeguards. Although imprisonment restricts liberty, it does not extinguish the basic dignity and rights of a prisoner. Therefore, prison administration must balance security and discipline with humane treatment and rehabilitation.
A major issue in this context is the classification of prisoners. Prisoners differ in their characteristics and circumstances, including their age, gender, legal position, previous criminal conduct, security risk and individual requirements for rehabilitation.8 Treating all prisoners alike may expose vulnerable inmates to harm and may also increase the possibility of criminal influence and institutional violence. Proper classification is therefore essential for safe custody, effective administration and successful correctional treatment.
This paper examines the classification of prisoners and the structure of prison administration in India, analyses the recent reforms introduced to modernise the prison system and their limitations, and suggests measures for strengthening prison management and the rehabilitation of prisoners.
Classification of prisoners in India
A. Meaning and importance
Classification of prisoners refers to the systematic grouping of prisoners according to their legal status, personal characteristics, security requirements and correctional needs. It is an essential administrative process that helps prison authorities determine the appropriate place of detention, level of supervision and type of treatment required.9
The primary purpose of classification is to ensure that prisoners are not exposed to unnecessary risks and that correctional programmes are suited to their individual circumstances. It also helps prevent the negative influence of hardened criminals on first-time offenders and vulnerable prisoners.10
B. Classification according to legal status
Prisoners may broadly be classified as follows:11
1. Undertrial prisoners: An undertrial prisoner is a person who is not a convict and is held in judicial custody while the investigation or trial is pending. The court has not yet given its final judgment in the case.
2. Convicted prisoners: Persons who have been found guilty and sentenced to imprisonment by a competent court.
3. Civil prisoners: Persons detained in connection with civil proceedings, such as certain cases involving non-compliance with court orders.
4. Detenues: Persons detained under preventive detention laws, subject to the applicable constitutional and statutory safeguards.
This classification is important because undertrial prisoners must not be treated as convicted offenders. Their detention is intended to secure their presence during proceedings and not to impose punishment before conviction.
C. Classification according to age and gender
Prisoners may also be classified according to age and gender. Women prisoners, young offenders, elderly prisoners and persons with disabilities may require separate accommodation and specialised care.12
The Model Prisons and Correctional Services Act, 2023 recognises categories such as exclusive women prisons and institutions for young offenders.13 It also provides for the segregation of high-risk prisoners from young and first-time offenders.14
Such classification is necessary to protect vulnerable prisoners and to ensure that imprisonment does not expose them to abuse, exploitation or harmful criminal influence.
D. Classification according to security and risk
Prisoners may be classified according to the level of security required. High-risk prisoners, hardened criminals, habitual offenders and prisoners involved in organised crime may require stricter supervision and specialised accommodation.15
However, security classification must be based on objective and individualised assessment. Arbitrary or excessive classification may result in unnecessary restrictions and may undermine the rehabilitative purpose of imprisonment.
E. Classification according to correctional needs
Modern prison administration also recognises the importance of classifying prisoners according to their educational, psychological, medical, vocational and rehabilitative needs.16
For example, a prisoner requiring psychiatric treatment should not be treated in the same manner as a prisoner requiring vocational training. Similarly, first-time offenders may benefit from educational and counselling programmes that reduce the possibility of reoffending.
Thus, classification must not be limited to security concerns. It must also identify the factors necessary for the prisoner’s correction and eventual reintegration into society.
Prison administration in India
A. Constitutional and legal framework
Prison administration in India operates within a constitutional framework that protects the dignity and basic rights of prisoners. Article 21 provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.17
The Ministry of Home Affairs has stated that, because prisons and persons detained therein are a State List subject, the administration and management of prisons are the responsibility of the State Governments and Union Territory administrations.18 The existing legal framework includes the Prisons Act, 1894,19 the Prisoners Act, 1900,20 and other relevant legislation. The Model Prisons and Correctional Services Act, 2023 was prepared to provide a modern framework for prison administration and correctional services.21
B. Administrative structure
The administration of prisons generally operates through the State Prison Department under the supervision of the State Government. The Director General or Inspector General of Prisons is responsible for overall administration, while prison superintendents and other officers manage individual institutions.22
The main functions of prison administration include:23
• Safe custody of prisoners.
• Maintenance of discipline and security.
• Provision of food, clothing and accommodation.
• Healthcare and sanitation.
• Legal aid and communication with family members.
• Educational and vocational programmes.
• Psychological counselling and rehabilitation.
• Maintenance of prison records and prisoner classification.
Effective administration requires coordination between prison authorities, courts, legal services institutions, healthcare professionals and correctional agencies.
C. Prisoners’ fundamental rights
Imprisonment restricts personal liberty, but prisoners continue to possess fundamental rights that are consistent with their lawful detention. These include the right to humane treatment, protection against torture, access to legal aid and the right to approach courts for the protection of their legal rights.24
In Sunil Batra v. Delhi Administration,25 the Supreme Court emphasised that prisoners are not wholly deprived of their fundamental rights. The judgment established that prison authorities must exercise their powers in accordance with constitutional limitations.
Justice V. R. Krishna Iyer played a significant role in developing the jurisprudence of prisoners’ rights in India. His judicial approach emphasised that imprisonment does not completely extinguish a prisoner’s fundamental rights,26 and his contribution laid the constitutional basis for humane prison administration and the protection of prisoners’ dignity.
Therefore, prison administration must be guided by the principle that security and discipline cannot be maintained at the cost of human dignity.
Recent reforms in the Indian prison system
A. Model Prisons and Correctional Services Act, 2023
One of the most significant recent developments is the Model Prisons and Correctional Services Act, 2023. It was prepared by the Ministry of Home Affairs to replace outdated colonial-era prison laws and to provide a comprehensive framework for modern prison administration.27
The Model Act recognises the need for:28
• Classification and segregation of prisoners.
• High-security prisons.
• Open correctional institutions.
• Institutions for young offenders.
• Exclusive women prisons.
• Correctional and rehabilitation programmes.
• Prisoner welfare and healthcare.
• Modern prison management and security.
Critical analysis: The Model Act is a progressive step because it shifts the focus from mere custody towards correction and rehabilitation. However, it is a model law and not automatically applicable throughout India. Its success depends upon adoption by State Governments, adequate funding, trained personnel and effective implementation.29
B. Model Prison Manual, 2016
The Model Prison Manual, 2016 provides guidance on prison management, security, welfare, healthcare and correctional services.30 It seeks to promote uniformity in prison administration while allowing States to adapt its provisions to local conditions.31
Critical analysis: The Manual provides a useful administrative framework, but differences in implementation among States may result in unequal prison conditions.32 Therefore, the existence of a model manual alone is insufficient unless supported by monitoring, accountability and adequate resources.
C. e-Prisons and use of technology
The Government has encouraged technology-driven projects in prison administration, including the e-Prisons project.33 Such measures aim to improve record management, prisoner information systems, communication and administrative efficiency.34
Critical analysis: Technology can reduce administrative delays and improve transparency. However, excessive reliance on surveillance and digital systems may create privacy concerns if adequate safeguards are not maintained. Technology should therefore support human rights and correctional objectives rather than merely strengthen control.
D. Measures to reduce overcrowding
Overcrowding remains one of the major challenges facing Indian prisons. It affects accommodation, sanitation, healthcare, security and the overall quality of prison life. On 31 December 2024, Indian prisons with a capacity of 4,53,769 held 5,09,012 prisoners, an occupancy rate of 112.2 per cent, and undertrial prisoners made up 72.5 per cent of all inmates.35
Recent reform measures include the construction of additional prison facilities, improvement of infrastructure and efforts to ensure the timely release of eligible prisoners.36 The Supreme Court has repeatedly emphasised the need for measures to reduce overcrowding and improve prison conditions.37
Critical analysis: Increasing prison capacity may provide temporary relief, but it does not address the underlying causes of overcrowding. A long-term solution requires timely trials, effective legal aid, appropriate use of bail and alternatives to imprisonment for suitable offenders.38
E. Reforms relating to caste-based discrimination
In Sukanya Shantha v. Union of India, the Supreme Court addressed caste-based discrimination in prisons and directed the Union Government to make the necessary changes in the Model Prison Manual, 2016 and the Model Prisons and Correctional Services Act, 2023.39 In compliance, the Ministry of Home Affairs amended both documents in December 2024 to prohibit the discrimination, classification or segregation of prisoners on the basis of caste and caste-based allotment of prison work.40
Critical analysis: This reform is important because prison administration must not reproduce social discrimination within custodial institutions. However, legal prohibitions must be accompanied by monitoring, staff training, complaint mechanisms and accountability for violations.
F. Rehabilitation and correctional programmes
Modern prison reforms increasingly recognise education, vocational training, psychological counselling and skill development as important components of correctional administration.41
The Model Prisons and Correctional Services Act, 2023 reflects this broader approach by recognising correctional and rehabilitation services as part of prison administration.42
Critical analysis: Rehabilitation programmes can reduce reoffending and improve social reintegration. However, their effectiveness depends upon individual assessment, adequate resources, trained professionals and continuity of support after release.
Critical analysis of the Indian prison system
The recent reforms indicate a positive movement towards a more humane and correctional prison system. Nevertheless, several structural challenges continue to affect their effectiveness.
A. Overcrowding and inadequate infrastructure
Overcrowding creates pressure on prison facilities and affects the health, safety and dignity of prisoners. It also makes effective classification and rehabilitation difficult.43
B. Shortage of trained personnel
Prison administration requires trained officers, healthcare professionals, counsellors and correctional specialists. At the end of 2024, only 62,944 of the 99,761 sanctioned posts of prison staff were filled, including 784 of 1,530 posts of correctional staff and 2,041 of 3,827 posts of medical staff.44 Shortages of personnel may result in excessive reliance on custodial methods rather than rehabilitative approaches.45
C. Uneven implementation
Since prisons are primarily a State responsibility, the implementation of reforms varies across States. Differences in resources, infrastructure and administrative priorities may result in unequal prison conditions.46
D. Delays in trial and legal aid
A large number of undertrial prisoners indicates the importance of timely judicial proceedings and effective legal assistance.47 Delays in trial may prolong detention and increase pressure on prison facilities.
E. Limited rehabilitation opportunities
Although policy frameworks recognise rehabilitation, many prisoners may not receive adequate access to education, vocational training, mental healthcare or post-release support.48 Without such services, imprisonment may fail to achieve its correctional purpose.
F. Need for independent oversight
Effective prison administration requires transparent monitoring and accountability. Independent inspection mechanisms, grievance redressal systems and judicial oversight are necessary to prevent abuse and ensure compliance with constitutional standards.49
Suggestions
The following measures may improve the Indian prison system:
1. Strengthen classification: Classification should be based on individual risk assessment, legal status, age, gender and rehabilitative needs.
2. Reduce overcrowding: Timely trials, effective legal aid and suitable alternatives to imprisonment should be encouraged.
3. Improve infrastructure: Prisons must provide adequate accommodation, sanitation, healthcare and recreational facilities.
4. Recruit trained personnel: Prison officers should receive training in human rights, counselling, conflict management and correctional practices.
5. Expand rehabilitation: Education, vocational training, psychological counselling and skill development should be made accessible to prisoners.
6. Strengthen legal aid: Undertrial prisoners should receive timely legal assistance and information regarding their legal rights.
7. Ensure non-discrimination: Caste-based, gender-based and other forms of discrimination must be strictly prohibited and monitored.
8. Improve post-release support: Rehabilitation should continue after release through employment assistance, counselling and community-based support.
9. Strengthen oversight: Independent monitoring and effective grievance redressal mechanisms should be established.
10. Ensure uniform implementation: States should adopt and effectively implement modern prison laws and correctional policies.
Conclusion
The Indian prison system is gradually moving from a purely custodial model towards a correctional and rehabilitative approach. The Model Prison Manual, 2016, the Model Prisons and Correctional Services Act, 2023, technological initiatives and judicial interventions demonstrate the growing recognition of prisoners’ rights and the need for modern prison administration.
However, the success of prison reform cannot be measured merely by the introduction of new laws or administrative policies. Its effectiveness depends upon actual implementation, adequate infrastructure, trained personnel, proper classification and meaningful rehabilitation. Overcrowding, delays in trial, inadequate healthcare and uneven implementation continue to weaken the prison system.
Therefore, prison reform must be understood as a constitutional and social responsibility. A humane prison system is not one that merely confines offenders, but one that protects dignity, ensures justice and prepares prisoners for responsible reintegration into society.
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Footnotes
1. Ministry of Home Affairs, Government of India, Model Prisons and Correctional Services Act, 2023 pmbl., § 3(iv) (2023), https://www.mha.gov.in/files/documents/ModelPrisonsMay_21052025.pdf [hereinafter Model Act].
2. David Garland, Punishment and Modern Society: A Study in Social Theory (Univ. of Chi. Press 1990).
3. Erving Goffman, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates (Doubleday 1961).
4. All India Committee on Jail Reforms, Report of the All India Committee on Jail Reforms 1980–83 (Gov’t of India Press 1983); see also Ministry of Home Affairs, Government of India, Model Prison Manual 2016, at 10–13 (2016), https://www.mha.gov.in/files/documents/PrisonManualA2016_20122024_2.pdf [hereinafter Model Prison Manual] (summarising the draft national policy on prisons proposed by the Committee, including scientific classification of prisoners, living conditions compatible with human dignity, vocational training and the training of prison personnel).
5. India Const. sched. VII, list II, entry 4.
6. Ministry of Home Affairs, Prison Reforms (PR), https://www.mha.gov.in/index.php/women-safety-prison-reforms (last visited Oct. 22, 2026) [hereinafter MHA, Prison Reforms].
7. India Const. art. 21.
8. Model Act, supra note 1, § 26(1).
9. See id. §§ 25–26.
10. Id. §§ 5(5), 26(3).
11. Id. §§ 2(2), 2(3), 2(7), 2(33), 26(2).
12. Id. §§ 5(3), 26(4)–(5); Model Prison Manual, supra note 4, chs. XXVI–XXVII.
13. Model Act, supra note 1, § 6(1)(f)–(g).
14. Id. § 5(5).
15. Id. §§ 6(3)–(4), 27–28.
16. Id. §§ 26(1), 48(1).
17. India Const. art. 21.
18. MHA, Prison Reforms, supra note 6.
19. The Prisons Act, No. 9 of 1894, India Code (1894).
20. The Prisoners Act, No. 3 of 1900, India Code (1900).
21. MHA, Prison Reforms, supra note 6 (stating that the Ministry reviewed the Prisons Act, 1894, the Prisoners Act, 1900 and the Transfer of Prisoners Act, 1950, prepared the Model Act in 2023 and shared it with all States and Union Territories on May 10, 2023).
22. Model Prison Manual, supra note 4, ¶¶ 3.02–3.03; Model Act, supra note 1, §§ 8–10.
23. See Model Act, supra note 1, § 3.
24. See Model Prison Manual, supra note 4, at 8–9 (setting out the rights of prisoners identified by the All India Committee on Jail Reforms, including the right to integrity of the body, the right to access to law and legal aid, and the right to present complaints and grievances).
25. Sunil Batra v. Delhi Admin., (1978) 4 SCC 494 (India).
26. Charles Sobhraj v. Superintendent, Cent. Jail, Tihar, (1978) 4 SCC 104 (India) (Krishna Iyer, J.) (“[I]mprisonment does not spell farewell to fundamental rights . . . .”); see also Sunil Batra v. Delhi Admin., (1980) 3 SCC 488 (India) (Krishna Iyer, J.); Sunil Batra, (1978) 4 SCC 494 (opinion of Krishna Iyer, J.).
27. MHA, Prison Reforms, supra note 6; Model Act, supra note 1, § 69(1) (repealing, on enactment by a State, the Prisons Act, 1894, the Prisoners Act, 1900 and the Transfer of Prisoners Act, 1950).
28. Model Act, supra note 1, §§ 5(5), 6(1), 18, 26–28, 30, 44–46, 50, 55.
29. Rajya Sabha, Unstarred Question No. 2004, Adoption of Model Prison Rules and Support for Prison Libraries (answered Aug. 6, 2025), https://sansad.in/getFile/annex/268/AU2004_QZ3PlI.pdf?source=pqars [hereinafter Rajya Sabha Unstarred Question No. 2004] (Ministry of Home Affairs stating that no State Government had confirmed adoption of the Model Act in its jurisdiction).
30. See Model Prison Manual, supra note 4, chs. V, VII, XIV–XVII, XXII.
31. Model Prison Manual, supra note 4, at 14 (aiming at “[l]eaving flexibility in the suggested provisions so as to allow for adaptation to local conditions without undermining uniformity in rights and duties of prisoners”); see also MHA, Prison Reforms, supra note 6.
32. See Rajya Sabha Unstarred Question No. 2004, supra note 29 (Model Prison Manual adopted by 21 States and all eight Union Territories).
33. MHA, Prison Reforms, supra note 6; In re Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, ¶¶ 45–46 (India).
34. Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, ¶ 13; Model Act, supra note 1, § 18(2); Model Prison Manual, supra note 4, ch. XXXI.
35. National Crime Records Bureau, Ministry of Home Affairs, Prison Statistics India 2024, at ix–xi (rev. ed. 2026), https://www.ncrb.gov.in/uploads/files/PSI-2024Ason15092026.pdf [hereinafter PSI 2024].
36. See Ministry of Home Affairs, Scheme for Modernisation of Prisons Project, https://www.mha.gov.in/index.php/scheme/scheme-modernisation-prisons-project (last visited Oct. 22, 2026); PSI 2024, supra note 35, at x (actual capacity of prisons up 3.3 per cent in 2024); Ministry of Home Affairs, Letter No. V-17013/20/2024-PR, Implementation of the Provisions of Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the State Prison Authorities for Providing Relief to Undertrial Prisoners (Jan. 1, 2025), https://www.mha.gov.in/files/documents/Prisonreforms_06012025_2.pdf.
37. Inhuman Conditions in 1382 Prisons, (2016) 3 SCC 700, ¶¶ 51–53.
38. See Hussainara Khatoon v. Home Sec’y, State of Bihar, (1980) 1 SCC 81 (India).
39. Sukanya Shantha v. Union of India, W.P. (C) No. 1404 of 2023, 2024 INSC 753, ¶ 231(ii) (India) (Oct. 3, 2024).
40. Ministry of Home Affairs, Letter No. V-17014/1/2024-PR, Amendments in the “Model Prison Manual, 2016” and the “Model Prisons and Correctional Services Act, 2023” in Compliance with the Directions of the Hon’ble Supreme Court in W.P. (C) No. 1404 of 2023 Dated 3.10.2024 (Dec. 30, 2024), https://www.mha.gov.in/files/documents/PrisonReforms_31122024_3.pdf; see Model Act, supra note 1, § 55(A).
41. Model Prison Manual, supra note 4, chs. XIV–XV, XXII.
42. Model Act, supra note 1, §§ 3(iv), 45–46, 48, 55.
43. See PSI 2024, supra note 35, at x–xi (occupancy rate of 120.0 per cent in district jails, and of 194.6 per cent in Delhi, on Dec. 31, 2024).
44. PSI 2024, supra note 35, at xx.
45. See Ministry of Home Affairs, Letter No. V-17013/40/2025-PR, Filling up Vacancies in Prison Departments (Oct. 23, 2025), https://www.mha.gov.in/files/documents/VacanciesPrisonDepart_17112025.pdf (noting that the shortage of correctional, medical and mental health staff “undermines the efforts towards rehabilitation and reformation of inmates”).
46. See Rajya Sabha Unstarred Question No. 2004, supra note 29; PSI 2024, supra note 35, at 269 (posts of prison staff filled to 95.61 per cent of sanctioned strength in Kerala but 37.1 per cent in Jharkhand, against an all-India average of 63.1 per cent, on Dec. 31, 2024).
47. PSI 2024, supra note 35, at xi (3,68,883 undertrial prisoners, 72.5 per cent of all prisoners, on Dec. 31, 2024); see Hussainara Khatoon, (1980) 1 SCC 81.
48. See Ministry of Home Affairs, Letter No. V-17013/40/2025-PR, supra note 45 (reporting, from Prison Statistics India 2023, that only 31 psychologists and psychiatrists were employed in prisons across the country and that 25 States and Union Territories had no sanctioned posts for mental health professionals).
49. See Model Act, supra note 1, §§ 54, 59; Model Prison Manual, supra note 4, chs. XXVIII–XXIX.