Theories of Punishment Under Indian Penal Code

The immediate consequence that follows a criminal act is known as punishment. With the change in the society or development in the country has witnessed various theories of punishment and the drastic changes that they have undergone from the traditional to the modern conditions and the crucial problems relating to them. There are five theories of punishment which are described as follow-

Retributive theory

The origin of this theory lies in the primitive notion of vengeance against the wrongdoer. punishment satisfies the feeling of revenge in older times when a man injured another, it was the right of that injured person to take revenge on the person causing injury. In those days an eye for an eye and a tooth for a tooth was considered to be the law.  In modern penological thought, retribution means that the offender must suffer sum evil not in order to satisfy and aggrieved individual’s desire for revenge, nor as a mark of public disapproval of his conduct but for his own sake so, that he may come to realize the justice of his punishment this theory consider punishment as an end in itself although the modern trend of the penologist is to regard punishment as a means to an end and not an end in itself according to this theory moral blame worthiness of the offender is the basis of punishment.

Deterrent theory

The purpose of the punishment is to better the criminal from committing crime in future and to set an example that others who will commit crime will be punished likewise by punishing the offender an example is set that those who will violet the law will incur the risk of punishment. The idea behind this is that punishment will thus curb the criminal activities of the prospecting offenders.  The chief purpose of punishment is the protection and maintenance of individual interest in society by deterring the evil-minded person.

Preventive Theory

According to this theory, the purpose of punishment is to serve as a preventive measure in commission of crimes. The fear of punishment prevents the prospective law breaker from violating the law. The object of punishment is to protect the general public by preventing criminal activities. The purpose of punishment is the compelling of a person to cease or refrain from committing a crime, by forcing or persuading them to conform to the established rules of conduct designed for the protection of the government, of life, of property and of other rights, privileges and immunities granted by law.  Prevention as a purpose of punishment does not seem to be very convincing and does not work very successfully in checking crime.

Expiatory Theory

The expiatory theory of punishment is also known as the theory of penance. As per this theory, punishment is necessary for the purification of the offender.  It is a kind of expiation or penance for the misdeeds of a person. In modern times expiation theory is accepted in modified version and is considered by some to be part of the retributive theory.

Expiation is akin to the idea of retribution. On this view, crime is done away with or blotted out by the suffering of its appointed penalty.

Reformative Theory

This theory is also known as corrective or rehabilitative theory. Reformation means “the effort to restore a man to society as a better and wiser man and as a good citizen.” This theory endeavors to make the criminal harmless by supplying him those things which he lacks and cures him of those drawbacks which made him to commit a crime. By reformation of the criminal is meant his moral regeneration, and developing the sense of honesty.  A person who commits a crime and suffers punishment for that comes back to society and lives along with his other fellow beings. Therefore punishment must aim at making a man worthy of living in society. The reformative theory sees in the readjustment of the prisoner to the demands of society the greatest need of the criminal. This theory admits only such types of punishment which re-educative and discipline the criminal, not those who inflict pain on the offender.

Conclusion

Punishment is a method of social control.  These above theories of punishment are perfect when they are used collectively but if they are applied in practical sense then their applicability will not survive anymore. So the penologists must execute some effective techniques which restrict the criminals to engage in illegal activities in society as well as in the prisons.

Read- Capital Punishment And Its Contemporary Position

Vaishali Phull

Content Writer, Law Corner, Student of BBA LLB, 3rd Year, Sharda University

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