INTRODUCTION
I - 1
The origin of 'Crime and Punishment' is as old
as mankind in i t s e l f , and is a complex socio-legal problem.
'Crime and Punishment' are coeval in the history of the
world and it is d if f icu lt to say which one had precedence
over the other. When 'Eve' ate forbidden fru it in the
Garden of Eden, God immediately decreed everlasting sanction
against Adam and his descendents. Adam and Eve's fate
symbolized recognition of the existence of Crime and Punishment1
as the lot of man. The concept of Crime and Punishment is
changing and has changed with the socio-economic back-ground
of the society. It has always depended on the force, vigour
and movement of public opinion and social sanctions, varying
from country to country, and in the same country from time to
time. What was regarded as crime in the past may not be
regarded as crime today, for instance abortion which was
regarded as crime some time back, i s now no more a crime.
Similarly what i s regarded as crime under one social order
may not be regarded as crime under another soc ia l -o rder , for
instance un-natural sexual relation which is regarded as a
henious crime in India, i s not punishable in England. Thus
concept of Crime and Punishment, is directly related to social
and moral values of the society.
I . CRIME AND PUNISHMENT I
1 - 2
Criminal behaviour is an integral part of social
behaviour, that can be understood only in relation to the
personal social situation and the sequence of which it is
a part. The personality of the offender, the social world
in which he lives and the previous experience growing out
of interaction between the individual and the enviornmental
situation play a v ita l part in the social process leading to2
criminal behaviour. The more complex and intricate the
social organization and working, the more varied and wide3
i s the manifestation of crime.
In early age, when the society was simple, crimes
were few, the use of violence against one's person or the
abduction of one's females were probably the two earliest4
known crimes. But with the changing conditions during the
half past-century, scores of new crimes have arisen, while
old ones have not materially reduced. Crime has reached
such dimensions, as to cause a rea l threat to our way of l i f e .
According to one post-war estimate one person in every nine
persons becomes delinquent at some time in his l i f e .
Crime is on increase almost in every country,especially
in the developed and developing countries. S tatistics of the
incidence of 'Crime in India' reveals that Crime is increasing
day by day and it further indicates that the increase rate is
faster than the growth in population.
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The following tab le shows the incidence o f Crime5
under Indian Penal Code, along with the r e t i o o f such6
crimes, per one lakh of population, from 1965 to 1977.
TABLE - 1
RATIO OF COGNIZABLE CRIME PER ONE LAKH OF POPULATION
S.No. Year Total Cognizable Estimated Rate o f CrimeCrimes Under Population Per One LakhI.P .C . in Millions of Population
(Mid Year)
1. 1965 7,51,615 478.5 157.1
2. 1966 7,94,733 489.1 162.5
3. 1967 8,81,981 499.9 176.4
4. 1968 8,62,016 511.1 168.7
S. 1969 8,45,167 522.5 161.8
6. 1970 9,55,422 534.3 178.8
7. 1971 9,52,581 551.2 172.8
8. 1972 9,84,773 563.5 174.8
9. 1973 10,77,181 575.9 187.0
10. 1974 11,92,277 588.3 202.7
11. 1975 11,60,520 600.8 193.2
12. 1976 10,93,897 613.3 178.4
13. 1977 12,67,004 625.8 202.5
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The tab le -1 , reveals that a tota l of 12,67,004
cognizable crimes under the Indian Penal Code, were recorded
by the police in the country during 1977 against 10,93,897
recorded in 1976 showing an increase of 15.8% over 1976.
This figure also includes crimes committed by juveniles.
There was an overall increase of 43.7% in cognizable crimes
during the decade (1967-1977) while the increase in population
in the same period was 25.2%. Further, a to ta l of 26,99,061
offences were reported under the Local and Special Laws during
1977 registering a decline of 16.3% over 1976 figures. This
downward trend was mainly due to the decline in crimes under 7 8 9
Opium Act, Excise Act, Explosive Act, Explosive Substance 10 11 12
Act, Suppression of Immoral T ra ff ic Act, Motor Vehicles Act13
and Indian Railways Act,etc.
The tab le -2 shows the increase in the incidence of
crime under Special Laws along with the rat io of such14
offences, per one lack of population in 1969 to 1977.
1 - 5
TABLE -2
' BAT I Q QF CRIME UNDER SPECIAL LAvJS PER ONE LAKH OF
POPULATION
S.No. Year Incide\j(ce of Crime
RATIO of Crimes per One Lakh Population
1. 1969 27,93,148 534.6
2. 1970 28,84,517 539.9
3. 1971 29 ,12,096 533.0
4. 1972 25,14,975 450.8
5. 1973 24,80,918 432.7
6. 1974 25,80,140 440.2
7. 1975 32,05,270 533.5
8. 1976 32,22,910 525.5
9. 1977 26 ,99 ,061 431.3
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No doubt, the incidence o f Crime under Specia l Laws,
in the year 1977 have shown decline over 1976 f igu res . But
a t o t a l o f 32,05,270 offences were reported under the Local
and Specia l Laws during 1975, r eg is te r in g an increase o f
24.2% over 1974 f igu res . This upward swing in o ve ra l l
o f fences was mainly due to increase in crimes under Prevention15 16 17
o f Corruption Act , Railways Act , Forest Act , Explosive 18 19
Act and Explosive Substances Act.
It may not be out of place to mention here that
police registered a total number o f 14,96,610 cases under
the Indian Penal Code and 30,14,265 cases under the Local
and Special Laws for the investigation. Further, during 1977,
there ware 16,62,522 cases under the Indian Penal Code and
35,32,209 cases under the 'Local and Special Laws'; at the
disposal of the Courts. This number included the cases
pending from the previous year.
The increasing crime rate has also resulted in the
ovar-crowding of the prisons. In the State of Uttar Pradesh,
at the end of the year 1969, there were 22,043 convicts and
14,761 undertrials. In the State of Madhya Pradesh to ta l
admission to 53 prisons was 74,538 and to ta l admission of
under-trials was 52*443 out of which 39,442 were released by
the Courts. The daily average prison population, was 13,237
on 31st March 1969. The number of the to ta l convicts
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including 253 women was 12,801, out of which under-trials
numbered 4,717. In the 233 institutions of Maharashtra
State and 617 Police Lock-ups there were 31,068 prisoners,
at the end of the year 1968. Out of them 18,076 were under
t r i a l s . In the State of Kerala tota l number of inmates in20
42 institutions was 28,962.
There are numerous infractions of Laws and Ordinances
that were re lat ive ly unheard of, a half century ago: such as
income tax evasion, pornographic motion pictures, adolescent
murder, violation of food and drugs acts. Moral values have
changed, social pressures of urbanization, increased
governmental regulations, the compelling ethics of success,
status consciousness and demonstration of financial power
in many hands have widened the spectrum of crime. These21
social forces have swollen the criminal element, in a l l
countries in varying forms and degrees.
The task of ’ Prevention and Control of Crime' belongs
to the "Criminal Justice System". It consists of police,
courts, penal/correctional institutions and other sub-systems.
These sub-systems are by no means exclusive of one-another.
What i s done in one area has a direct effect upon the another
and they interact, at many points in the Criminal Justice
Process. Courts receive the ir c lientele from police, the
corrections sector receive offenders from the courts, and
the cycle may be repeated i f the released offender repeats22
the offence and i s again arrested by the police.
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In the present criminal justice system, imprisonment
i s the main form of punishment. But now it is increasingly
used to provide correctional treatment for the ultimate
rehabilitation of the offenders in the society. The
emphasis is on 'reformation' and ' resocialization ' of the
offenders to secure the objectives o f prevention o f crime
and protection o f the society from evil effects o f crime.
Moreover, the present penal system based on correctional
philosophy is not merely a craed, but a sc ient ific too l,
to reintegrate the criminal, within the folds of the society.
Thus the old concept of punishment has given way to the
present concept of rehabilitation.
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I I . FROM PUNISHMENT TO REFORMATION:
The history of the mankind reveals that in every
society at every stage of c iv ilization , there has been
some means of check over the conduct of individuals. Down
from the primitive to the modern times every society has
i t s own codes of conduct and enforces it with certain
sanctions, designated to bring and maintain harmony.
Through-out the ages the act that disturbs social equilibrium
has inspired imposition of penalty on the offenders.
Scholars are agreed that primitive laws, although unwritten,
were scrupulously observed for the very existence of the
group, their dependence on the beneficence of the Gods for
the ir food, good weather, success in war and deliverance
from pestilence. It was believed, that offences against
t r i b a l taboos, unless punished might bring the vengeance
of supernatural beings upon the entire tr ibe . Hence, the
elimination of the miscreant who violated a taboo became
the duty of the whole tr ibe . He may have been beaten to
death, exiled, cast into wilderness to die or maimed.
Examination of taboos, in primitive cultures and
ancient legal codes, indicates how deeply re lig ion and
r itua l influenced the growth of the modem Criminal Law.
Divine sanctions la id down the need and rationale of
punishment for crime and sin. This situation led to the
I - 10
British Legal expert, S ir Henry Maine, to remark,
"There is no system of recorded law, l i t e ra l ly from
China to Peru, which when it f i r s t emerges into notice
i s not seen to entangle with re lig ion and ritua l
observances".
There seems l i t t l e doubt that Christianity, except
in the case of witchcraft, did exert a softening influence
on 'drastic punishments' for crime. The methods of enquiry,
torture and punishment used by witch-finders might well
horrify the modern reader, they also horrified men of
Renaissance. Voices of Physicians, Laymen, Philosophers
were raised in condemning the mass delusion of witchcraft.
Witch-hunting underwent a decline in 1700's, and 'the
in te llectua lism ', ’ the growing world of sc ience ', 'the
civ ilization of 17th Century' - a l l contributed to modify
punishment for crime and paved the way for handling the
criminal as an individual.
Man's social contact which permitted him to live in
re lat ive peace with his fellow-beings began to be studied
and c la r i f ied by 17th century philosphers and in th is process
'Crime and Punishment' for the individual received attention.
Thomas Hobbes, in his 'Le-viathan*, discussed the rationality
of law in relation to crime, emphasizing the important
element of intention in the mind of criminal. Thus
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reformation o f the offender carr ied an important meaning
in d is t in ct from that o f re tr ibu t ion and general c r it ic ism
o f punishment led to re-eva luation o f ways and means o f
punishment, P la t o 's observation, "he who desires to i n f l i c t
ra t iona l punishment... he punishes fo r the sake o fin 24
preven tion ", was echoed/the w rit ings o f Thomas Hobbes.
Rousseau, in his 'Great Ideas' observed, "There is not a25
s in g le i l l - d o e r who could not be turned t o some good".
A new approach to punishment was adopted,Cesare di
Beccaria- an I ta l ia n Economist and J u r is t , wrote against
the a rb itra ry powers o f judges t o impose barbarous punishments
on crim inals. His book on 'Crime and Punishment' was a26
pie* for abolition of capital punishment. Among those to
whom Beccaria's ideas came as clarion call was John Howard.27
He pleaded for reformation and rehabilitation of prisoners.
He had l i t the torch, which his followers namely Jenny
Bentham and Elizabeth Fry carried through out the world.
The offender had been now l i f t e d , one notch above
the doomed human animal who had been burned a live , skinned
a live , exposed to insects, stoned to death, beheaded,
disabled, tortured and transported. Meanwhile, the law
i t s e l f had become responsive to the newer sp ir it of decreased
sadism. In England, during the reign of George-III, the
judges ware f in a l ly permitted discretion in commuting a
death sentence. In 1827, an ’ Act' was passed forming the
1 - 1 2
nucleus of the Criminal Code, in which punishments were28
carefully adjusted to the offences. In the middle of
19th century, thinkers applied sc ientific methods, to the
investigation of culture and society. They wanted to
know why human beings behave as they do and what produces
social problem. Everywhere man wanted to know why and how.
As a result of th is thinking Criminology and Penology rose
to new leve ls , and gave due attention towards the offender,
rather than his offence.
The correctional movement from its very inception
had i t s impact a l l over the world. Since the days of John
Howard reforms in one country have been studied by like
minded persons elsewhere. The f i r s t International Congress,Wa<
convened in Frankfurt, On-The Main in 1846, at the in it ia t ive
of the I.G. of Prisons in Belgium and England. Other
meetings followed in Brussels in 1847 and again in Frankfurt
in 1857.
This Congress served as platform for informal and
occasionally open criticism of penal practices in some of
the larger countries that aspired for being recognised as
advanced. In 1953, the United Nations convened a Congress29
of the prevention of crime and treatment of offenders, U.N.O,
has been doing commendable work in the f ie ld of corrections.
It has helped in co-operation and co-ordination of the
1 - 1 3
in s t i tu t io n a l serv ices in d i f fe re n t countries by sending
experts to guide member countries in formulating and
implementing penal p o l ic ie s . 'The U.N. Standard Minimum
Rules fo r th e Treatment o f the Offenders' , t ra in in g o f
personnel at U.N. , Asia and the Far East In s t i tu t e ,
p e r iod ica l conferences, consu lta t ive group meetings, review
o f th e in terna tiona l programmes and p o l ic ie s in the f i e l d
o f co rrec t ions , establishment o f Soc ia l Defence In s t i tu te
o f Rome-these are some o f th e important constructive steps
taken by the United Nations fo r reform o f th e Penal System.
Western countries have adopted an enlightened and
c i v i l i z e d approach towards t h e i r o f fenders , and penal
institutions are regarded as places of reformation and
correct ion . England and U.S.A. have done a lo t fo r the
reformation and rehabilitation of the offenders. In U.S.A.
in the period 1900 to 1935, the industrial prisons were30
established for the rehabiliation of the offenders, and the
Penal Institutions have been humanized to such an extent,
that even marriages can be conducted within the four walls.
The Indian Administration of Criminal Justice, began
to assume a new form and dimensions with the advent of the
British. The East India Company was interested in reforming
the criminal just ice system. Lord Macauly drew the attention
of the British Government towards the te r r ib le conditions
of the j a i l s and on his recommendations a Ja i l Committee was
1 - 1 4
established in 1836. The committee gave a number of
recommendations but rejected any reformative programme,
which indicated that committee was influenced by the
retributive theory. The Second Jail Committee was appointed
in 1864, which also gave a number of recommendations,
especially for the space of l iv in g , diet, clothing, bedding
and insisted on the regular medical inspection. In 1870,
The Indian Prisons Act was passed, which la id down the31
basis for c lassification of the prisoners.
The Third and Fourth A ll India Jail Committees,
which were appointed in the years 1877 and 1889 respectively,
alto gave recommendations for the prison reforms. The
report of these committees was supplemented by the Fifth
A l l India Ja i l Committee 1892, and some of i t s recommendations
were incorporated in the Prison Act 1894. The year 1897
marks a landmark in the Penal Reform Movement of India. In
that year was passed, the Reformatory School Act. The32
youthful offenders were now sent to the reformatories
instead of the prisons. The Sixth A ll India J a i l Committee
1919, made a extensive tour of the Scotland, U .S .A ., Honkong
and other countries. The committee submitted a conprehensive
report and observed, " The aim of the Penal Administration
i s the prevention of the future crime and the restoration
of the criminal to the society, as a reformed character".
The repart submitted by the committee i s a huge pi&ce of
1 - 1 5
work and has la id down the foundation stone o f modem33
penal system in India . The enactment o f th e Borstal
Act, The Children Act, Probation Act and The Prov is iona l
Release Act, were undoubtedly th e d irect or ind irec t
resu lts o f th e general in te res t aroused by the report.
In s t i tu t ion a l as w e l l as n on - inst itu t iona l treatment
methods have been introduced fo r reformation and r e h a b i l i
t a t io n o f the o f fenders . The conditions o f the prisons,
problems and e f f e c t s o f the prison l i f e , have been examined
from time t o time. The f i r s t such examination was by Dr.W.
C. Reckless who made a number o f recomnendations in his
report . The conference o f Inspector Generals o f Prisons
which was fteld in Bombay in 1952, also considered the problems
o f the Prison Administration, A l l India J a i l Manual Committee
1957, a f t e r going through the various aspects o f prison
l i f e and Prison Administration, came with Model Prison34
Manual in 1959. The Central Bureau o f Correctional Service
(now known as National Institute o f Soc ia l defence) was set
up in 1961-1962. The main functions of the Institute have
been to co-ordinate and t o develop a uniform policy, to
standardise the collection of Statistics on National basis
and to exchange information with foreign countries and
United Nation's Agencies and to promote research training,
studies and surveys in the f ie ld of crime and treatment of
offenders.
1 - 1 6
A new era o f correct iona l reform o f offenders
began In Ind ia , when the Lucknow Cantral J a i l was converted
in to a Model Pr ison . The concept o f generating se l f- respec t
among prisoners , providing them economic r eh a b i l i ta t io n and
turning them ih to law abiding c i t i z e n s , were h igh lighted35
in the establishment o f th e Model Prison.
A number o f countries have introduced the ’ open
prison ' system, and since th e end o f the second world war,
th e re has been a steady increase in the use o f th e open 36
prisons. Minimum custodial care, work on wages, c lose
contact with th e s t a f f and fe l lo w inmates, s e l f - s u f f i c i e n c y
and essence o f r e s p o n s ib i l i t y are th e main features o f the37
open prison system. In India a lso a number o f States
have established open prisons. This system, o f f e r s an
atmosphere o f minimum secur ity and grea ter opportunity o f
rap id so c ia l iza t io n .
The Central Advisory Board on Correctional S e rv ices ,
ih e National Conference on Probation and A l l i e d Measures
1971, and working group committee 1971-73, considered problems
o f th e Penal In s t i tu t ion s and drew a tten t ion , towards various
de f ic ien c ie s o f th e present prison system. Penal reform
committees have been set-up from time t o t ime in th e various
States fo r th e development and w e lfa re o f th e penal system.
1 - 1 7
Now we profess t o be actuated by more humane38
considerations. Various S c i e n t i f i c methods have been
devised fo r the in v es t ig a t ion , various measures have been
taken fo r the f a i r and speedy ju s t ic e and various types
o f co rrec t iona l and vocational tra in in gs are imparted fo r
th e ultimate rehabilitation and r e s o c ia l iz a t io n o f the
o ffenders. But th e ’ increasing crime ra te ' has over-burdened
p o l i c e , courts and penal in s t i tu t io n s , and has given b irth
t o various con trovers ia l issues regarding the e f f i c ie n c y
o f th e present crim inal ju s t i c e system.
1 - 1 8
No doubt, imprisonment i s th e main method o f
th e punishment, but fo r th is typ e o f punishment, offender
has t o pass through "the machinery o f Ju st ice " . He has to
face th e P o l i c e , th e Court and then the prison. Imprisonment
creates a gap between the o f fender and the so c ie ty , the
o f fender i s c u t - o f f from the so c ie ty and i s thrown in th e
world o f criminal sub-culture.
1, PROBLEMS OUTLINED!
The in v es t iga to r has under-taken th is research in -
order t o study the fo l low ing problems:
( i ) What happens t o those who have passed through "the M i l l s o f Justice" i . e . what i s th e impact o f th e in v es t iga t in g agency and that o f ju d ic ia l
process upon th e re-adjustment o f th e o ffenders ;
( i i ) How many o f th e ex-prisoners return t o th e l i f e o f crime, and how many o f them gat re-adjusted ;
( i i i ) What happens t o th e former inmates o f th e prisons and co rrec t iona l in s t i tu t io n s }
( i v ) what typ e o f o ffenders p e rs is t in serious c r im in a l ity ;
( v ) I * imprisonment a p reven tive o f rec id iv ism ;
( v i ) What i s th e impact o f th e frequency o f th e contactwith th e fam ily members upon the readjustment o f tha o f fenders ;
I I I . STATEMENT OF THE PROBLEM}
1 - 1 9
( v i i ) What i s th e out-put o f th e vocational tra in in gs imparted in th e co rrec t iona l in s t i tu t ion s ;
( v i i i ) What i s th e impact o f the help rendered by the A fte r -ca re agencies upon the r e s o c ia l iz a t io n o f
the ex-prisoners.
2. OTHER CONSIDERATIONS:
The study o f the problems, en ta i ls th e fo l low ing
considerations:
( i ) INVESTIGATING AGBJCY;
The more h o s t i le th e a tt i tu de o f th e in ves t iga t in g
agency, th e le s se r th e chances o f r e s o c ia l i z a t io n .
( i l ) JUDICIAL PROCESS:
Delay in disposal o f th e cases leads t o
demoralization o f the p r isoner . a f fe c t in g his
behaviour in th e j a i l and his u ltim ate r e s o c ia l iz a t io n
in th e community.
( i i i ) LENGTH OF THE SENTENCE:
Longer the sentence of inprlsonment, longer
is the period taken in resocia lization of the
prisoners.
( i v ) CONTACT WITH FAMILY MEMBERS I
Frequency of contact with the family through
(a ) V is it s o f family and others ;
(b ) Parole/furlough help in the early
resoeia llsation o f the prisoners.
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( v ) VOCATIONAL TRAINING!
The types and methods o f the vocational
t ra in in g imparted in the in s t i tu t ion hardly
serve th e vocational needs o f the ex-prisoner.
( v i ) THE CRIMINAL SUB-CULTURE:
The more a prisoner i s in tegrated in the
criminal sub-culture o f the in s t i tu t io n , the
less are h is chances o f r e s o c ia l iz a t io n .
( v i i ) HELP RENDERED BY THE AFTER CARE AGS'JCY:
The frequency o f th e help rendered by the
A fte r -ca r * Agency makes r e s o c ia l iz a t io n o f the
prisonar eas ier .
1 - 2 1
1. M i l l s o f Justice:
It means the Administration of Criminal
Justice, and includes police, courts, prisons
and After Care Agencies.
2. Long-term Imprisonmenti
It means imprisonment for a period of two
years or more than two years. No doubt, we do
not have any definition of the 'Long term-
inprisonroent', and 'short-term imprisonment',
but various researches have revealed that
imprisonment of six or less than six months is39
short-term imprisonment, and that o f two years and
above as long-term iimprisonment. Sentences t o
imprisonment may be as short as for a day or as
long as f o r l i f e t ime. However, f o r th e purpose
o f t h i s study, th e per iod from s ix months t o two
years i s taken as gap between th e short-term
imprisonment and long-term inprisonment.
3. Resociallgatiom
On conviction t o prison sentence, th e
o f fender i s c u t -o f f from th e S oc ie ty . On his
r e le a s e from the prison he has t o fa ce many
d i f f i c u l t i e s in th e s o c ie ty . R esoc ia l iza t ion
fo r th e purpose o f t h i s study means r e h a b i l i t a t io n
I V . TEAMS EXPLAINED:
1 - 2 2
o f th e o f fender in th e community.
4. R e c id iv is t »
R ec id iv is t fo r th e purpose o f t h i s study means
such pr isoner , who has again committed crime on his
r e le a s e from the penal in s t i tu t io n and has been
arrested second time.
5. Correctiona l In s t i tu t ion s :
I t means such penal in s t i tu t io n s , where various
co rrec t ion a l and vocationa l t ra in in gs are imparted
fo r th e r e h a b i l i ta t io n o f th e o ffenders .
6. Lawyers!
Lawyer, fo r th e purpose o f t h is study, includes
any le g a l practi/oner having experience fo r two years
or more, in dealing th e criminal eases. I t also
includes prosecutors and r e t i r e d judges.
7. P o l i c e O f f i c e r s !
They mean th e par sons e l o f th e P o l i c e Department,
who are concerned w ith th e administration o f criminal
ju s t ic e . They include w ith in t h e i r purview, th e
o f f i c e r s from th e rank o f sub-inspector t o Superintendent
and a lso th e r e t i r e d p o l i c e o f f i c e r s *
1 - 2 3
8. Prison O f f ic e r s !
They include a l l those who are in the custodial s t a f f
o f the psnal in s t i tu t io n s . The custodial personnel from
the rank o f warder t o that o f Superintendent, are brought
w ith in the purvle-v o f th e prison o f f i c e r s , fo r the purpose
o f present study.
9. P r isoners ;
They fo r th e purpose o f t h is study, mean only those
prisoners who have been sentenced to imprisonment fo r
two years or more. They do not include detenues or under-
t r i a l s .
10, Ex-Prisonersi
Ex-prisoner fo r th e purpose o f t h i s study, means a
person who has served two or more than two years o f
imprisonment, fo r committing an o ffence and has been
subsequently discharged from the penal/correctional
in s t i tu t io n .
11, Social Workers!
For the purpose of th is study, they mean officers of
the Social Welfare Department, members of the Voluntary
Organizations, Crime Prevention Societies, Probation
O fficers , representatives of the public, well wishers of
the prisoners and ex-prisoners. Further, students of
Criminology, Sociology, Law and other a ll ied subjects, who
v is it tho j a i l s are a lso included.
1-24
A good number o f researches have been carried
out on Sentencing System, P o l ic e Administration Penal40 41
and Correctional In s t itu t ion s . Vidya Bhushan, Bhattacharya ,42 43 44 45 46
Sr ivastava , S id d iq i , Ghosh, T r i lo k Nath, Chandra Behari,
and others have h igh lighted various issues regarding the
Administration o f Criminal Ju st ice , and have thus made
valuable contribution t o the l i t e r a tu r e o f Criminology and
Penology. But they have mainly confined themselves t o the
penal and Sentencing System, without going through i t s
e f f e c t s on the pr isoners upon t h e i r re lease . I t appears
that no research has been yet ca rr ied out in th is country,
which throws l ig h t on the r e h a b i l i t a t io n and re s o c ia l iza t io n
o f the pr isoners , who have served, considerable period o f
imprisonment in th e peno-correctional in s t i tu t io n s , nor any
attempt has been made t o study th e impact/influence o f the
in v es t ig a t in g agency, ju d ic ia l process, length o f the
sentence, frequency o f contact w ith th e r e la t iv e s / fr ie n d s ,
th e vocational t ra in in gs imparted in th e Correctional
In s t i tu t io n s , and that o f th e crim inal sub-culture o f the
in s t i tu t io n upon the r e h a b i l i t a t io n and r e s o c ia l i z a t io n o f
th e prisoners.
V. scrip E OF THE STUEYi
1 - 2 5
No doubt, various researches have been carried
out in th e West, espec ia l ly in England and America to
ascerta in th e e f f e c t s o f th e above mentioned factors
upon r e h a b i l i t a t io n and r e - s o c ia l i z a t io n o f the o ffenders.48 49
Sheldon Glueck and T.E. Glueck, Walter Bromberg,50 51 52
Joseph W. Eaton, Pauline M orr is , Frank Tannenbaum and
others have thrown l ig h t on the impact o f th e a foresaid
fa c to rs upon th e r e h a b i l i t a t io n and r e s o c ia l iz a t io n o f
th e o f fenders and thus enriched the l i t e r a tu r e o f
penolcgy.
However, th e conclusions reached by Crim inologists
in West may not hold good in India. Here, we have
d i f fe re n t causes o f c r im in a l i ty , than that o f west and
consequently we can not take the r esu lts o f th e English
or American Peno-Correctional system fo r granted, without
going through the surrounding circumstances. I t may be
also said here , that 'Ind ian Criminal is much be tte r man53 54
than the criminal o f th e West. Edwardes observed*
" I t must be remembered that India,which contains immense t r a c t o f th e deso late mountain and ju n g le , which exh ib its every gradation o f co ld and hea t , luxuriance and s t e r i l i t y , lo v e l in e s s and deso la t ion , and which sh e lters o n e - f i f th o f human race , cannot r i g h t l y be judged by th e standards app licab le t o England, America or any o ther European country".
1 - 2 6
Thus the treatment methods and other correct iona l
to o ls employed in th e western countries may not come with
f r u i t f u l r esu lts in India. But, th e experience o f the
western countries can help us in many ways. I t can provide
guidelines fo r those who are engaged in th e 'Administration
o f Criminal Justice in our Country'. The task o f
'prevention and contro l o f crime' mainly belongs t o the
'Administration o f Criminal Justice System' and criminal
ju s t ic e gen era l ly in vo lves th e process o f a rre s t , t r i a l ,
punishment/treatment and reh a b i l i ta t io n o f o ffenders in
th e soc ie ty . In order t o ascerta in th e g u i l t o f the
accused, th e o f fender has t o face p o l i c e , lawyers, judges
and i f found g u i l t y prison o f f i c e r s and consequently upon
his r e lease th e soc ie ty . These agencies p lay v i t a l r o l e
in moulding th e behaviour o f the o f fen der , which can be
e ith e r in th e nega t ive or p o s i t i v e d ir e c t io n , depending
upon th e approach adopted by these agencies, towards the
o f fender.
With th is o b je c t iv e in mind the in v es t ig a to r conducted
the survey o f th e P o l ic e S ta t ion s , Courts, Probation O f f i c e s ,
Penal and Correctiona l In s t i tu t ion s in U.P. , and co l le c t e d
the re levant information from th e P o l ic e O f f i c e r s , Lawyers,
Judges, Prison O f f ic e r s , P r ison ers , ex-prisoners and
so c ia l workers*
1 - 2 7
U ttar Pradesh was se lec ted as th e basis o f th is
study, because o f the fo l low ing reasons:
1. U.P. i s the most populous S tate in India;
2» U.P. i s the f i r s t s ta te which has ventured several penal reform movements;
3« U.r>. is the f i r s t s ta te to have 'Model Pr ison ' , Reformatory Schools' , and open prison system;
4. U.P. has the e a r l ie s t 'Discharged P r ison er 's Aid S o c i e t y ' , now known as 'Crime Prevention S o c i e t y ' .
5. U.P. reg is te red highest number (2,22,621) o fxBases under th e Indian Penal Code, out o f the
t o t a l number ( 12,67,004 ) o f th e cases recorded in Ind ia , in 1977;
6« U.P. top&d the ' A l l India Crime Volume-1977' in the eases o f henious crimes, l i k e murder, culpable homicide not amounting to murder, Robbery and daco ity j
7. U.P. has the largest number o f prisons;
8. U.P. has one o f the A s ia 's b iggest j a i l , known as Fatehgarh Central J a i l .
U.P. in 1938, amended the prison 's Act, defining prison as a place for custody and reformation of the prisoners.
However,time and resources were limiting factor.
The survey was therefore restricted to the five d istr ic ts
(Lucknow, Kanpur, Unnao, Fatehgarh and Aligarh ) of the
Uttar Pradesh. Further, in Agra d istrict Lawyers, Police
O fficers , Prison O ffice rs , Social workers and ex-prisoners
were also interviwed.
1 - 2 8
The in v es t ig a to r , with a view t o obtain f i r s t hand
information and t o observe the pragmatic approach, o f the
P o l i c e , Lawyers, Judges, Prison o f f i c e r s , Probation
o f f i c e r s and other soc ia l workers to the o ffenders and
ex -o ffenders , constructed s ix sets o f questionnaires and
in terv iew schedules. The in ves t iga to r interviewed 250
p o l ic e o f f i c e r s , 250 lawyers, 50 judges, 300 prisoners ,
100 prison o f f i c e r s , 125 ex-prisoners, 250 soc ia l workers
including probation o f f i c e r s and also discussed various
issues with them.
The questionnaire/interview schedules were not
pre-coded. However, some o f the questions in each
questionnaire/interview schedule were pre-coded. A fte r
completing th e f i e l d survey, th e responses were coded and
were compiled in the form o f m aster-tab les , under the
heads 'P o l i c e o f f i c e r s , 'L a w y e r s ' , Judges ', 'P r ison O f f i c e r s ' ,
'Ex-Pr isoners ' and 'S o c ia l w a lk e rs ' .
Further, th e responses o f the s im ila r questions
were complied in the form o f th e Comparative ta b le s , and
the assumptions were t e s ted by the app licat ion o f the
respec t iv e comparative ta b le s .
VI . METH3DQLOGY:
1 - 2 9
Respondents from each section o f P o l i c e , Lawyers,
Judges, Prison O f f i c e r s , Pr isoners , ex-prisoners and
socia l workers were se lec ted on random basis. The sampling
ra te d i f f e r e d from each u n it , as some o f th e units have
r e l a t i v e l y small number o f the members. For instance,
the number o f judges is small as compared t o that o f
Lawyers, s im i la r ly , th e number o f ex-prisoners ava i lab le
i s small as conpared t o th e prisoners in th e In s t i tu t ion s .
In each d i s t r i c t , the in ves t iga to r v is i t e d almost
every p o l ic e s ta tion even at nights and interviewed about
250 p o l ic e o f f i c e r s in U.P. from the rank o f sub-inspector
t o th e superintendent o f p o l ic e . The in v es t ig a to r discussed
with them, various issues regarding the administration of
criminal ju s t ic e .
The in v e s t ig a to r , v i s i t e d the Courts in each
d i s t r i c t , and only magistrate courts and session courts
were brought w ithin th e purview o f th is study. Lawyers
and judges f i l l e d up t h e i r resp ec t iv e questionnaires and
also discussed th e important issues with the in v es t ig a to r .
The in v e s t ig a to r witnessed the t r i a l s o f various criminal
cases and took note o f th e various d i f f i c u l t i e s which are
faced by th e accused during the t r i a l . The in v es t ig a to r
a lso v i s i t e d th e Lucknow Bench, o f th e Allahabad High
Court.
(1 ) THE SAMPLE! ITS SELECTION:
1 - 3 0
Almost in every prison, the prison o f f i c e r s were
interviewed. The in v es t ig a to r also stayed with them fo r
days together in order t o observe the o f f ice r - in m a te
re la t ionsh ip w ith in th e prison community. They gave the
f i r s t hand information about the problems o f the pr isoners ,
espec ia l ly when they are undergoing the long-term
imprisonment. The in v es t ig a to r a lso had the opportunity
t o administer th e questionnaire t o th e prison o f f i c e r s
from Assam, Rajasthan, Andhra Pradesh, Kerala and other
parts o f In d ia , who were undergoing t ra in in g at Lucknow
J a i l , Tra in ing School.
th e nature o f th e o f fen ce , th e period o f th e sentence
served and t o be served were taken in to consideration.
33% se lec ted prisoners were those who had served only
f i r s t 6 months o f t h e i r sentence, but had t o serve the
remaining per iod o f t h e i r sentence ranging from 1 year t o
14 years. 30% were those who served h a l f o f t h e i r sentence
ranging from 1 year t o 7 years and had t o serve the
remaining period o f t h e i r sentence ranging from 1 year t o
7 years. 35% were those who had served almost th e en t ir e
period o f t h e i r sentences, and had t o se rve , only 6 months
t o co rip l e t e t h e i r sentences. This c la s s i f i c a t io n was
made, because o f th e f a c t , that these ca tegor ies o f th e
prisoners enjoy severa l p r i v i l e g e s o f varying nature.
In th e se lec t isn o f th e pr isoners , fac tors l ik e
AHama Iqbal Library
A ce No.
1 - 3 1
Their d i f f i c u l t i e s in the in s t i tu t ion are a lso o f
d i f fe ren t dimensions. In the f i r s t category the
prisoner was a now comer t o the Prison Community, in
the second category the prisoners had almost served h a l f
o f th e i r sentence and had to serve the remaining h a l f ,
where as in the th ird category the prisoners were almost
close t o th e completion o f t h e i r sentence and waiting fo r
th e i r re lease . Further 25 female prisoners were interviewed
at the Nari BandiNikartan, Lucknow.
The in terv iew o f the ex-prisoners was conparative ly
a d i f f i c u l t task fo r the in v es t iga to r . The in ves t iga to r
had t o consult the probation o f f i c e r s , t o c o l le c t the
addresses o f the ex-prisonars. But the records o f th e ex
prisoners in the probation o f f i c e s do not provide th e i r
whereabouts, present engagements, fam ily adjustment and
other necessary pa r t icu la rs . However, help was taken from
the probation o f f i c e r s , in loca t ing the ex-prisoners, who
were under t h e i r supervision. Further, Prison o f f i c e r s
and pr isoners a lso rendered t h e i r help t o the in v e s t ig a to r ,
in order t o f in d out th e ex-prisoners.
The investigator, collected the information of 250
ex-prisoners from the probation o ffice s and availed himself
the epportunity to interview some of the ex-prisoners who
incidenfly , v is ited the probation o ffices in presence of
the investigator. The investigator v is ited the homes of
th e ex-prisoners and in some cases he was accompanied
by th e probation o f f i c e r s . In the prison too , the
in ves t iga to r interviewed the ex-prisoners who v is i t e d
the pr ison , in order t o meet th e i r fr iends (p r ison ers ) .
P r isoners , also rendered th e ir help to the in v es t iga to r ,
as they gave introduction l e t t e r s ' , addressed t o the
ex-prisoners ( who were th e ir fr iends in the prison ) ,
in which, they (pr isoners ) requested them ( ex-prisoners )
t o extend th e ir helping hand to the in ves t iga to r . Such
l e t t e r s from the prisoners , proved to be more f r u i t fu l to
the in v e s t ig a to r , than the company o f the probation o f f i c e r ,
as such le tte rs appealed much to th e ex-prisoners. In the
former case, the in ves t iga to r was taken as ' f r i e n d ' whereas
in la t te r case as an ' o f f i c i a l ' .
The investigator could interview only 125
ex-prisoners out o f 250 ex-prisoners, whose information
was collected from the probation o ffice . 45 of them
were in the free community for a year, 45 for 2 years
and 35 were in the free community for a period ranging
from i year to 3 years. It may be mentioned that
interviewing the prisoner, especially the ex-prisoner is
a very d iffic u lt task. The ex-prisoner as well as his
family members suspect the investigator as a spy or as an
agent of the police. The ex-prisoner himself fee ls a sort
of harassed, when he is asked about his past.
1 - 3 3
The respondents fo r the questionnaire V I , were
se lected from among the soc ia l workers who have d irect
or in d ire c t dealing with the p o l ic e ; Courts, Lawyers,
prisons, prison o f f i c e r s , and ex-prisoners. This group
mainly consisted o f probation o f f i c e r s , r e la t iv e s and
the represen ta t ives o f the public . The respondents fo r
t h is group consisted o f 230 persons.
(2 ) THE QUESTIONNAIRE: ITS FORMATION;
The interviews were carried out on a structured
questionnaire/interview schedules a f t e r obtaining the55
permission from the au thor it ies concerned. The questionnaire56
fo r p o l ic e o f f i c e r s , consist o f twenty-two questions .having
d irect bearing on the r e la t io n between p o l ic e o f f i c e r and
th e o f fen der , during th e in v e s t ig a t io n , t r i a l and th e re a f te r .
Soma questions are so framed as to discover the awareness
o f the p o l ic e o f f i c e r s towards the problems, which the
o f fender i s fac ing or might face in near future. The
questions have re ferences to the d if f ic u lt ie s of the offenders
during the police custody and t r i a l . I t provides fo r time
taken to complete th e investigation , and the maximum/minimum
time for which the offender is kept in the police custody.
Moreover, whether accused is informed of his grounds of
arrest and whether the re la tives o f the accused are allowed
to meet him, i f so, how frequently. The questionnaire,
also seeks to find out the fee ling of the police o ff ic e r
1 - 3 4
towards the accused and the various methods used fo r
in ves t iga t ion and whether or not age, sex, status, past-
record , antecedents, fam ily back-ground, future and
circumstance under which the o ffence was committed, are
taken in to account. Further, i t seeks t o determine the
d i f f i c u l t i e s which a p o l ic e o f f i c e r has t o fa ce , while
dealing with the o f fender during in vest iga t ion and then
during the t r i a l o f the o f fender in the court o f law.
Besides other questions, th e opinion o f th e p o l ice o f f i c e r s
was sought on the point as t o why prisoners distrust po l ice
and o ften speak against them.57
The questionnaire fo r prison o f f i c e r s , has re ference
t o the problems o f th e prisoners during t h e i r imprisonment
and th e a t t i tu d e o f th e prison o f f i c e r s towards long-term
prisoners. Besides other questions, they were asked the
extent, t o which they were conscious o f th e problems o f the
inmates. The questionnaire a lso , seeks the opinion o f th e
prison o f f i c e r s about th e extent o f chances o f r e s o c ia l iz a t io n
o f the pr isoners who, are already in teg ra ted in th e criminal
sub-culture o f the in s t i tu t io n .
58The questionnaires regarding lawyers and judges,
have again re ference t o th e problems o f the accused during
his t r i a l , and the maximum/minimum time taken t o conplete
th e t r i a l fo r serious o ffen ees . The questionnaire further
seeks answer from th e lawyers/judges as t o whether they
take in to account th e antecedents and th e fam ily background
1 - 3 5
o f th e accused; whether, they have any sort o f sympathy
towards the accused; and whether they fe e l that the accused
has a r igh t t o return t o th e society . Besides other
questions, th e questionnaire seeks from th e Lawyers/judges
an answer about the d i f f i c u l t i e s , which they have while
dealing with the accused. I t a lso seeks an answer from the
lawyers/ judges, as t o whether r e s o c ia l iz a t io n o f th e prisoners
i s connected with the a tt i tu de o f the p o l i c e , lawyers,prison
o f f i c i a l s and soc ie ty .
59The questionnaire, regarding pr isoners , comprise
o f fo r ty -e ig h t questions which have been div ided in to four
pa rts , under th e fo l low ing heads-bio-data, crime record and
p o l ic e in v e s t ig a t io n , t r i a l and sentence, j a i l l i f e and j a i l
t ra in in g . The questions have re ference t o bio-data o f the
p r isoners , including th e i r marita1-status, occupation.profession,
physical condition and education. The questions under the
heading "Crime record and p o l ic e in ves t iga t ion " have re ference
to the nature o f the o f fen ce , time taken by the p o l ic e t o
complete in v e s t ig a t io n , per iod fo r which the accused was kept
in th e p o l ic e custody and various means employed by th e
prisoner t o gain th e favour/synpathy o f th e p o l ic e o f f i c e r s .
Questions regarding ' t r i a l and sentence' ,are a lso
included in th e questionnaire. They r e f e r t o representation
o f th e accused by th e counsel, the duration o f th e t r i a l , th e
nature and length o f th e sentence and extent t o which the
1 - 3 6
prisoner was s a t is f i e d by such sentence. The questionnaire
also seeks from the prisoners the amount spent by them
during th e i r t r i a l and whether they are in a posit ion to
meet such expenses. The questions under th e t i t l e j a i l
l i f e and j s i l t ra in in g seeks from the prisoners as t o how
they f e l t when they entered the prison and what were the
i n i t i a l d i f f i c u l t i e s faced by them in the J a i l . Information
was a lso sought from the prisoners about t h e i r fr iendship
with f e l l w prisoners and about the basis o f such fr iendsh ip .
The pr isoners were also asked as t o what extent they were
s a t is f ie d with the vocation they have learnt in the j a i l .60
The questionnaire regarding the ex-prisoners,
consisted o f seventy two questions, which have been divided
under f i v e heads. The f i r s t four heads comprise s im ila r
questions which were put t o th e prisoners. Further the
ex-prisoners ware requested t o g ive information regard ing ,
"Release and Readjustment". Questions were put t o them
having re fe ren ce t o th e change which a prisoner observed
on his r e le a s e in th e f r e e so c ie ty , as w e l l as the change
which he observed in th e a tt i tu de o f th e parents, spouse,
ch ildren , f r ie n d s , neighbours, employees, employer and
persons casually known t o him. The questionnaire seeks t o
know from th e ex-prisoner about th e various future plans
which are made by him during the imprisonment and t o what
extant such plans had m ateria lised a f t e r h is re lea se . The
questionnaire also seeks to know the extent t o which
1 - 3 7
conviction has hampered the l i v in g conditions o f the
p r ison er 's fam ily . Further more, i t seeks answer from
the ex-prisoners about the various problems which they
face in t h e i r readjustment in the so c ie ty , and the extent
t o which the vocation learnt or t ra in in g received in the
j a i l has been help fu l in th is regard.
The questionnaire regarding the probation o f f i c e r s61
and soc ia l workers comprised o f 11 questions. The
questions are aimed t o assess whether they have any sympathy
towards the ex-prisoners and whether they agree that soc ie ty
can play a v i t a l r o le in the r e s o c ia l iza t io n o f the ex
prisoners. The questionnaire has also sought from the
soc ia l workers an answer about the usual a tt itu de o f the
p o l ic e o f f i c e r s , prosecutors, defence lawyers towards the
o ffenders . Besides other questions, the group was asked
t o g iv e t h e i r suggestions regarding any modification in
present sentencing system, p o l ic e system and prison system.
CHAPTER: I 1-38
NOTES AND REFERENCES
1. Bromberg,Wi Crime and the Mind (1965)10
2. Chockalingam.K:"A Study o f Relationship between Incpmeand Expenditure and Past L i f e Among R e c id iv is t s ' . Indian Journal o f Criminology. V o l . I I (Ju ly 1980)141
3. Raj.A .S: "Soc ia l Change and Crime in India".Crime,Correctionand Probation (1975)18
4. Gour,H.S» Penal Law o f In d ia ,V o l . l ( 1972)1
5. Act No.XLV o f 1860
6. See genera lly 'C rim e in Ind ia1.Bureau o f P o l ic e Researchand Development,New Delh i(l970 t o 1977)
7. Act N o .I o f 1878
8. Act No.IV o f 1884
9. Act No. IV o f 1884
10. Act No.VI o f 1908
11. Act No. CIV o f 1956
12. Act No.IV o f 1939
13. Act No.IX o f 1890
14. 'Crime in In d ia ' , Supra note 6
15. Act N o . I I o f 1947
16. Act No.IV o f 1939
17. Act No.XVI o f 1927
18. Act No.IV o f 1884
19. Act No.VI o f 1908
20. Varma,Pi Pathology o f Crime and Delinquency( 1972)88-9See also Data India (Nov.30-Dec.6,1981)582
1-39
21. Bromberg,W: Crime and the Mind (1965)11
22. Vetter ,H .G i and Simonsen, C. E: Criminal Justice inAmerica.The System-The Process-The People( 1976) 13
23. Maine.H: Early Law and Custom(1883)9
24. See Hobbes: Leviathan. Every man's L ibrary No.691(1951)164
25. See Rousseau,J.Js 'Great Ideas' Encyclopaedia Britanica(1952)493
26. Bromberg,W: Supra note 21 at 32
27. Jones,H: Crime and the Penal System( 1962) 38
28. Stephen,J.F: H istory o f the Criminal Law in EnglandV o l .1(1883)473
29. Eaton ,J.W:'Stone Walls-Not A Prison Make (1962)3-4
30. Sethna, J.M.J: Soc ie ty and the Criminal( J 971) 315-16
31. Jain.M.P: Out Lines o f Indian Legal H is to ry (1972)1
32. Youthful Offender: a boy under th e age o f 15 yearsn
33. ihushan.V: Prison Reform Movement in India^The IndianJournal o f Soc ia l Work (Jan .1971) 407-16
34. See 'P r isons in In d ia ' , Department o f Soc ia l Welfare,New Delhi C.B, Publications (March 1969)3
35. Mahra.A: "Indian P r is o n s . . .Some basic fa c ts " 5 pointo f view (5 th Oct. 1974) 4
36. See Everyman's Encyclopaedia,Vol.X(1967) 169
37. See genera l ly Open Prisons in India.Department o fSoc ia l Welfare .New Delhi C.B. Publications
38. Ac)aryafC.M: H istory and P r in c ip les o f Criminal Law(1948)ll
39. See genera lly Andry,R.G: 'The short-term Prisoner (1963)
40. See genera lly $hushan,Vi Prison Administration in India(1970) '
41. See genera lly Bhattaeharya,S.K: Prisons (1958)
1-40
12. ->ee Generally Srivastava ,->.P: Th" Indian orison Community (1977)
43. See genera lly S idd iq i,M .Z j Sentencing of Jt fenders:Patterns and P o l ic ie s .Jh.U.Thesis(Unpublish“ d) A.M.U.(1971)
44. See genera lly (ihosh.S.KJ P o l ic e Adr"inist rat ion( 1973)also Ghosh,S.Ki Indian P i l i c e At Cross i’.oad'U 1 '75)
43. Se^ genera lly Nat.h,T: Tne Indian P o l ic e :A ease? fo r New Imaqe (1978)
46. Sea genera lly ^ehari,Cj The i 'r inc ip s of Administrationo f Criminal Justice( 1963)
47. See genera lly Chhabra.K.si iuantun i f *Junishment inCriminal Law in India(1970)
48. Sea genera lly Glueck,s . and Glueck,Hs 500-Criminal Careers(1965)
49. i>ee genera lly Bromberg,><« Crime and th<? Mind (1965)
50. See genera lly Haton.J.iVi Stone <»all-Not A Prison Make(1962)
51. See genera lly Morris ,P: Prisoners and Thair Famiiif>s( 1965)
52. See genera lly Tannenbaurm,FJ Crime and the Community( 1951)
53. Adam.H.Lt Th® Indien Criminal (1904)11
54. Bdwardes,S.Mj Crime in India (1924)1
55. See Appendix - V I I I56. See Appendix - I I
57. See Appendix - I I I
58. See Appendix - IV
59. See Appendix - V
60. See Appendix - VI
61. Soe Appendix - V I I
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