Understanding Institutional Correction of prisoners in India

 Institutional correction in India refers to the rehabilitation and management of offenders within correctional facilities, such as prisons and reform homes. The primary aim is not only to punish but also to reform individuals, helping them reintegrate into society as law-abiding citizens. This article explores the various aspects of institutional correction, including the legal framework, types of institutions, rehabilitation programs, and the philosophy guiding corrections.

 Legal Framework

The institutional correction system in India is governed by several laws and guidelines:

- The Prisons Act, 1894: This act provides the legal framework for managing prisons in India, outlining the rights and duties of prisoners and prison authorities.

- The Model Prison Manual: Issued by the Ministry of Home Affairs, this manual sets standards for prison administration, focusing on humane treatment, rehabilitation, and prisoners' rights.

- The Juvenile Justice (Care and Protection of Children) Act, 2015: This act addresses the correctional needs of juvenile offenders, emphasizing rehabilitation over punishment.

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Distinction Between Accusatory and Inquisitorial Systems of Trial

 The distinction between the accusatory system (often referred to as the adversarial system) and the inquisitorial system lies primarily in their approach to trials, the roles of judges and lawyers, and the overall process of gathering and presenting evidence. Understanding these differences is essential for grasping how justice is administered in various legal systems around the world.

Accusatory System

The accusatory system is predominantly found in common law jurisdictions, such as the United States and England. In this system, the trial is structured as a contest between opposing parties: the prosecution and the defense. Each side presents its case before a neutral judge or jury, with a strong emphasis on individual rights and procedural fairness.

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Supreme Court: In Agreement To Sell Property Under Joint Ownership, Onus Is On Plaintiff To Secure Consent Of All Co-Owners

 In view of the above, we hold that Defendant No. 1

lacked the authority to bind Defendant Nos. 6 to 8 in

the agreement to sell dated 06.06.1993. The General

Power of Attorney did not confer upon him the power

to sell the property on behalf of his sisters at the time

of the agreement, having been impliedly revoked by

the partition deed. The agreement was, therefore,

incomplete and unenforceable against Defendant

Nos. 6 to 8, who collectively held a majority share in

the property. The plaintiffs' knowledge of the

necessity of obtaining the sisters' consent, coupled

with their failure to secure such consent, renders the

agreement ineffective against Defendant Nos. 6 to 8.

Consequently, the agreement cannot be specifically

enforced against them, and the plaintiffs cannot

claim any right over their shares in the property

based on the said agreement.{Para 18}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.613 OF 2017

JANARDAN DAS & ORS. Vs  DURGA PRASAD

AGARWALLA & ORS. 

Citation: 2024 INSC 778.

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The Concept of Panchayat in Tribal Areas: Insights from the Indian Constitutional Amendment

 The Panchayat system in India serves as a vital mechanism for local self-governance, particularly in rural and tribal areas. The 73rd Constitutional Amendment of 1992 significantly enhanced the framework for Panchayati Raj Institutions (PRIs), ensuring that they are constitutionally recognized and empowered. This article explores the concept of Panchayats in tribal regions, focusing on the implications of this amendment.

 Historical Background

The roots of the Panchayat system can be traced back to ancient India, where local governance was often managed by village councils. However, it wasn't until the 73rd Amendment that a structured approach to local self-governance was constitutionally mandated. This amendment aimed to provide a three-tier system of governance at the village, intermediate, and district levels, thereby facilitating greater participation from local populations in decision-making processes.

 Key Provisions of the 73rd Amendment

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