PUNISHMENT :CONCEPT

AND THEORIES
TO:DR SUNITA SINGH KHATANA
BY: AMBIKA YADAV
LLM (CRIMINAL LAW)
211304056
DIMENSIONS OF CRIME

 Crime is a violation of criminal code.

 It is an act prohibited by law and legislature to public
 The crime is commission of an act forbidden or prohibited by law and the subject doer to
punishment.
 The concept of crime is not rigid and keeps on changing with the change of
political,economical and social set up of the country.
 Criminology=Crime +Criminals
 Penology= Penal statutes
 NEED FOR PUNISHMENT
• PUNISHING THE OFFENDERS IS A PRIMARY FUNCTION OF ALL CIVIL STATES.
• IT IS IN THE MODERN PERSPECTIVE THAT THE PROBLEM OF CRIME,CRIMINAL AND PUNISHMENT IS
ENGAGING THE ATTENTION OF CRIMINIOLOGIST AND PENOLOGISTS ALL AROUND THE WORLD.
• AS DEFINED BY SALMOND ,CRIME IS AN ACT DEEMED BY LAW TO BE HARMFUL FOR A SOCIETY AS
A WHOLE ALTHOUGH ITS IMMEDIATE VICTIM MAY BE AN INDIVIDUAL.
• THE OBJECT OF CRIMINAL JUSTICE IS TO PROTECT THE SOCIETY AGAINST CRIMINALS BY
PUNISHING THEM UNDER THE EXISTING PENAL LAW.
• THUS PUNISHMENT CAN BE USED AS A METHOD OF REDUCING THE INCIDENCE OF CRIMINAL
BEHAVIOUR EITHER BY DETERRING THE POTENTIAL OFFENDERS OR BY INCAPACITATING AND
PREVENTING THEM FROM REPEATING THE OFFENCEOR BY REFORMING THEM INTO LAW ABIDING
CITIZENS.
JUSTIFICATION FOR PUNISHMENT

1. DETERRANCE –Punishment dissuades a person from future wrong doing by making

punishment severe enough so that the benefit or pleasure derieved from the offence is
outweighed by the pain and probability of punishment
2. INCAPACIATION-The most dangerous criminals may be sentenced to imprisionment
for life or even death sentence for heinous and brutual crimes.
3. RESTORATION-For some minor offences punishment may in the form of restoration
such as fines or payment of compensation to victims or his/her relatives
4. REHABILIATION-Some punishments are directed to reform the offender and ensure
his rehabilitation as a law abiding citizen.
THEORIES OF PUNISHMENT


 Opinions
Opinions have
have always
always differed
differed as
as regards
regards punishment
punishment of
of offenders
offenders varying
varying from
from age-old
age-old
traditionalism
traditionalism to
to recent
recent modernism.
modernism.

 Broadly
Broadly speaking
speaking four
four types
types of
of views
views can
can be
be distinctly
distinctly found
found to
to prevail.
prevail.
DETERRANT
DETERRANT RETRIBUTI PREVENTIVE REFORMATI
THEORY
THEORY VE THEORY VE THEORY
THEORY

 Modern
Modern penologists
penologists prefer
prefer to
to call
call them
them ‘theories
‘theories of
of punishments’
punishments’

 The
The line
line of
of demarcation
demarcation between
between these
these theories
theories are
are however,
however, so
so then
then that
that they
they cannot
cannot be
be
completely
completely separated
separated from
from each
each other.
other.
PREVENTIVE THEORY OF PUNISHMENT

 Based on the proposition ‘Not to avenge crime but to prevent it’.

 It presupposes that need for punishment of crime arises simply out of social necessities.
 In punishing a criminal a society protects itself against anti social acts which endanger
social order in general or person or property of its members.
 In order to present preventive theory in its proper perspective,it would be worthwile to
quote Fichte who observed,
 “the end of all penal laws is that they are not to be applied”
 The preventive mode of punishment can be classified in the following manner;
 1. By instilling the fear of punishment
 2. By disabling the criminal, permanently or temporarily, from committing any other crime
 3. By way of reformation and/or re-education
 Utilitarian’s such as Bentham, Mill and Austin of England supported the preventive theory of
punishment due to its humanizing nature. Philosophy of preventive theory affirms that the
preventive theory serves as an effective deterrent and also a successful preventive theory
depends on the factors of promptness.