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Theories of Punishment

The document discusses several theories of punishment: 1) Deterrent theory aims to punish wrongdoers severely to deter others from committing crimes. 2) Preventive theory focuses on preventing imprisoned offenders from reoffending through punishments like death, exile, or incarceration. 3) Retributive theory is based on "an eye for an eye" and seeks revenge through proportional punishment, but is now seen as cruel. 4) Reformative theory seeks to reform offenders and reintegrate them as law-abiding citizens through rehabilitation rather than mere punishment. 5) The modern approach combines elements of these theories for a more comprehensive form of justice.

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Manwinder Singh Gill
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220 views9 pages

Theories of Punishment

The document discusses several theories of punishment: 1) Deterrent theory aims to punish wrongdoers severely to deter others from committing crimes. 2) Preventive theory focuses on preventing imprisoned offenders from reoffending through punishments like death, exile, or incarceration. 3) Retributive theory is based on "an eye for an eye" and seeks revenge through proportional punishment, but is now seen as cruel. 4) Reformative theory seeks to reform offenders and reintegrate them as law-abiding citizens through rehabilitation rather than mere punishment. 5) The modern approach combines elements of these theories for a more comprehensive form of justice.

Uploaded by

Manwinder Singh Gill
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THEORIES OF

PUNISHMENT

Submitted To Submitted by
DETERRENT THEORY

"I do not punish you for stealing the ship, but so


that the ship may not be stolen" - the central
cynosure of the theory.
Not only to prevent the wrongdoer from doing a
wrong, but also to make him an example for others,
calculated to curb criminal tendency in others.
At times, severe punishments like death by stoning
or whipping, mutilation of limbs etc are awarded
even to minor offences.
This theory lives even to day in many muslim
countries.
PREVENTIVE THEORY
Concentrates on the prisoner to
prevent him from repetitive endeavors
- to ward off recidivism.
Offenders disabled by punishments
like death, exile or forfeiture of office
and incarceration.
Found to be having undesirable effect
on first offenders or juvenile offenders.
RETRIBUTIVE THEORY

"Tooth for Tooth, Eye for Eye, Limb for


Limb and Nail for Nail" - principle of
this theory.
Earlier, legal sanctions grounded in
vengeance and retaliation - revenge is
justice gone wild.
found to be archaic, inhuman and
barbaric -modern human rights
philosophy condemns this cruel
concept.
REFORMATIVE THEORY
"Condemn the Sin, not the Sinner" -
Mahatma Gandhi.
Reformation process is like a surgeon
operating on a person to remove the pain.
It is a craft or skill in bringing back the
tainted and condemned culprits to national
mainstream and civil society, as meaningful
citizens.
Critics hold the prisons as dwelling homes - a
satire.
EXPIATORY THEORY
"To pay for the sin committed"
Repentance, compunction, atonement and
reparation - conscience oriented cleansing of
hearts.
Offender to serve the victims and their
dependents to compensate the deprivation.
Held impracticable being too idealistic.
Experimentation of this theory is too
expensive in terms of public safety and
security.
MULTIPLE APPROACH THEORY
Application of any single theory may not
render complete justice -
The aforesaid theories are not mutually
exclusive.
hence judicious combination of theories is the
latest approach.
"If the potentials of prisoner-person are
unfolded, a robber may become a Valmiki, and
a sinner may become a saint." - Krishna Iyer. J.
(Rakesh Kaushik vs. Supdt. Central Jail)
PUNISHMENTS - INDIAN PENAL
CODE
Ss- 53 to 75 of I.P.C. (Ch.III) refer to graded
system of punishments.
1. Death.
2. Imprisonment for Life.
3. Imprisonment - Rigorous and Simple.
4. Forfeiture of property.
5. Fine.
In addition to the above, Ss-73 & 74 refer
to solitary confinement.
THANK YOU

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