Theories of Punishment.

 Theories of Punishment.

Punishment is a process, by which the state inflicts some pain to the person or property of a person who is found guilty of a crime . In other words, punishment is the suffering in person or property inflicted on the offender under the sanction of law. the principal object of punishment is the prevention of offence.

• Deterrent theory.

• Retributive  theory.

• Reformative theory.

• Expiatory theory.

Deterrent theory

    The term the term means abstain from doing an act. this theory states that punishment is a warning to others. the main objective of punishment according to this theory is to prevent crimes. it serves as a warning to the offender not to repeat the crying in future but to all other  Evil minded persons to abstain from committing such act.

 Retributive theory.

The word retributive means to give in return , the term   retributive Denotes repairing or punishing suitability. this theory is based on the idea of taking revenge against the wrongdoer. the basic assumption on the idea of this theory is evil should be returned Evil. this is to say eye for an eye,  tooth for tooth,   Limb for a limb,  the idea behind this theory is to make the offender realise the suffering or pain.

Preventive theory

This theory is also known as theory of disablement,  This theory envisages to prevent the criminal from committing crimes by keeping him away so that the society is free from the incidences of crime. the aim of this theory is to disable the criminal. in order to prevent repetition of crimes, the offenders are punished.

 Reformative theory.

The objective of this theory is to Reform the criminals. no one is a criminal by birth. and criminal is a product of its social economic and environmental conditions. criminal is a mental disease caused by different Anti Social elements, the mental cure of criminals rather than awarding punishment will serve the purpose. if the criminals are educated and trained they can be made competent to have well in society.

Expiatory theory.

The word expiate means to  it complete Atonement for,  to make satisfaction or Repents,  reparation for. if the offender expects or repents he must be forgiven.

 Kinds of punishment under Indian Penal Code

 sect 53 of Indian penal code 1860  prescribes 5 kind of punishments as follows.

•  Death penalty.

•  Imprisonment for life.

•  Imprisonment.

 a) Rigorous.

 b)  Simple.

•  Forfeiture of property.

•  Fine.

 Death penalty or capital punishment.

Tt is the most serious nature of punishment. it is awarded in India in certain exceptional cases. some countries abolish it will stop the law confers on the judge wide discretionary power in the matter of passing the sentence. in section 303 e was struck down as unconstitutional by the supreme court in in   Mithu  v/s u/sec 303  of IPC the judge has no  Sach discretionary power to award death sentence. Alternative  I can give imprisonment for life.

cases in which death sentences can be awarded

•  waging war against Government of India section 121

• Abetting mutiny section 132

•  giving of fabricating false evidence upon which an innocent person supposed that section 194

•  Murder Section 302

• Abatement of  suicide of minor or insane already intoxicated person section 305

•  dacoity accompanied with murder section 396

 Imprisonment for life.

    It means imprisonment for the remaining period of life. but it is not so in practice in India it is 14 years and 20 years under section 57 IPC.  however the life Convict is not entitled to automatic release of completion of 14 years imprisonment and less the government passes an order reminding the balance office sentence.

Imprisonment.

     It means confinement or total deprivation of a  personal liberty. it has two kinds namely 

1.  Simple -  in simple imprisonment the convicted person is not put to any kind of work or labour.

2.  Rigorous -  in rigorous imprisonment the convicted person is put to hard labour such as during the cutting good mining etc. . Ex -  Bombay blast case.

Forfeiture of property.

    It means taking away the property of the Criminal by the state it relates to offence under section

•  sec 126 :  committing  Depredation on territories of power at peace with the Government of India. 

•  sec 127 :  receiving property taken by war for Depredation.

 Fine

 It means for future of the offenders money find maybe solar punishment of alternative or it may be additional to the imprisonment.