No person is born as a criminal. There are various circumstances which make a person commit crime .The reasons for developing deviancy towards the accepted rules and regulations has been studied and analysed by various scholars. The State is a protector of all the citizens and has a duty to safeguard everyone, when someone commits crime, it is the failure of the state machinery. When any person has committed an offence and is being penalised for it doesn't render him or hernon-human being and therefore, it doesn't confer the power on state to treat him or her in an insensible manner. The constitution of India guaranteed every person the right to life and liberty and he ca n’t be deprived from it unless there's due process of law. This provision is also applied to internees and that's why there's some protection available to them. This exploration focuses on captivity administration of India, especially the treatment of captures, and an sapience into the captivity administration in United States of America, for the purpose of comparing the two systems and assessing the Indian Captivity administration on these lines., it's always a good policy to learn commodity from other inversely competent parties and the same holds true when one is agitating the concern for captures in felonious justice system.