The current penal system in India has often been criticized for being more punitive than rehabilitative, focusing heavily on incarceration and retribution rather than reform and reintegration of offenders. Prisons are overcrowded, under-resourced, and lack effective programs for education, skill development, or psychological counselling, especially for undertrial and first-time offenders. Although the Supreme Court and various committees have emphasized a humanitarian approach to justice, including the use of alternative sentencing, community service, and restorative justice, these measures are not yet widely implemented. Reforms are urgently needed in the form of modern prison management, parole and probation systems, and enhanced use of non-custodial measures for minor offences.

With the introduction of the Bharatiya Nyaya Sanhita, 2023, which stresses reformative justice, there is potential for a shift—but its success depends on judicial discretion, administrative will, and public support. A truly effective penal system must balance deterrence with rehabilitation, ensuring that justice leads not just to punishment, but to social reintegration and reduced recidivism.