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THEORIES OF PUNISHMENT

 


                                 THEORIES OF PUNISHMENT


INTRODUCTION

The immediate consequence that follows a criminal act is called punishment. Punishment is the result of crime. Punishment involves all or few or any one of, suffering, loss, pain, penalty or image tarnish. During olden times there were punishments like travelling on donkey, removing hairs, etc. Recently we have punishments like fine, imprisonment. Capital punishment, life imprisonment, etc. The main aim of punishment is to convert the person to a good citizen and also for the crime which he have done. The purpose which punishments are given because to ensure that the crime is not repeated, to create a fear in the mind of citizen that if he do crime they will be punished and to prevent crime. The important theories of punishments are deterrent theory, retributive theory, preventive theory and reformative theory. There are many other theories of punishments such as expiatory or compensatory theory, incapacitation theory, utilitarian theory and multiple approach theory.

DETERRENT THEORY

The word deter means to prevent. In this type of theory, severe punishments are given for even a small crime. The main aim of the theory is to stop criminal from future crime and create fear among other mischievous people in society. This theory strongly believed that the fear of severe punishment will prevent crime. This deterrent theory is supported by Plato, Locke and Fischte. In England pickpocketers were given death penalty in front of public but the cases of pickpocketing increased the critics said that, when a person is dying of hunger will not bother about death punishments. In India we do not give sever punishments for small crimes but in murder, rape, etc. severe punishments are given. Oscar Wild said that, every saint has a past and every sinner has a future. Valmiki and Angulimala there were criminals in past but they have changed and become saints. So the main drawback of the theory is that they do not give a chance to the criminals to change.

RETRIBUTIVE THEORY

The word retributive means to give in return the same thing that has been received. The theory is also known as theory of vengeance because the main object of the theory is an eye for an eye. This type of punishments are followed in Saudi Arabia. Jurist supported the theory are Emmanuel Kant, Plato and Hegal however the theory is opposed by jurist Salmond by saying that retributive is not remedy but aggravates the offence. Mahatma Gandhi said that, an eye for an eye makes the whole world blind. The main drawback of the theory is that they are not giving enough chances to the criminal to change. In India we do not follow this theory. 

PREVENTIVE THEORY

As the name of the theory says the main aim of the theory is to prevent crime. Prevent future crimes by removing the mischievous people from society. The main criticism on the theory is that it is attempting only to prevent the crimes but not to change the thinking of the criminals. 

REFORMATIVE THEORY

In this type of theory it mainly focuses on reforming the criminal and bringing the criminal back to society as a good and law abiding citizen (punishment for correction). The building of rehabilitation centre, juvenile acts, probation of offenders, all those are given to correct the offender and give him an opportunity to change. Many human right fighters are supporting this theory. Now many training courses and life skills are being taught in jail to give the offender a new way of life. Many skills are taught in jails now.

CONCLUSION

In terms of punishing person everyone should be careful , because there was a famous quote that, let go of a hundred guilty rather to punish an innocent. Punishing someone for an offence should be done carefully because that will affect the person, mentally, physically and social statues of the person. Under the Indian law a person is innocent until proven guilty. 


By,

Asha Sebastian.
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