Punishment: Definition, Types and Theories

Q. Define punishment. Critically explain the various theories of punishment. [2018 - 20 marks]

Q. Explain the various types of punishments to which offenders are liable under the Indian Penal Code. [2019 - 10 marks]

Q. In criminal administration of justice why punishment is said to be as end of justice? Also explain theory of punishment. [2019 - 20 marks]

Q. What is administration of justice? Analyse the different theories of punishment. [2023 marks - 20 marks]

Theories of Punishment is important for both IPC and Jurisprudence papers.

Punishment

 Punishment is a consequence or result of a wrong committed by a person. Provision for punishment are provided under Sec 53 of the Indian Penal Code (IPC). 

Administration of Justice

Administration of justice is maintenance of right by the state by means of physical force. For sound administration of justice, physical force of the state is prime requirement. 

According to Salmond, a state maintains law and order and establish peace and social security. If state failed to maintain the law and order it can’t be called state. The main function of the administration of justice is the protection of individuals' rights, enforcement of laws and punishment of criminals.

Types of Punishment

Section 53 of the IPC provides the follwing kinds of punishments

1. Death

2. Imprisonment for life

3. Imprisonment

    (a) Rigorous

    (b) Simple

4. Forfeiture of property

5. Fine

Section 73 of IPC provides for another kind of punishment that is 

6. Solitary confinement

1. Death (also called capital) punishment

This is awarded in rarest of rare cases. This is sanctioned by the government. The constitutionality of death punishment was questioned in the case of Jagmohan Singh vs State of Uttar Pradesh.

The Supreme Court held that deprivation of life is constitutionally lawful if that is done according to the procedure set by law.

2. Life Imprisonment 

As per section 57 of the Code, the period for life imprisonment is 20 years only for calculating purposes. Imprisonment for life is always rigorous imprisonment.

As per section 433(b) of the CrPC and section 55 of the IPC, the appropriate government has the power to reduce or suspend the sentence of imprisonment for life to imprisonment for a term of not more than 14 years. 

3. Imprisonment

Rigorous Imprisonment : The convict is kept in prison where the convict has to go for hard labour.

Simple Imprisonment : Confinement in prison without any hard labour

4. Forfeiture of Property : this means sizure of property of the criminal by the state

5. Fine: There is provision to fine a criminal as the sole punishment

6. Solitary confinement: a portion of the prison term not exceeding 3 months can be converted to solitary confinement

Theories of Punishment

1. Deterrent theory : Convicts are punished to deter them from future wrong doing. 

This theory can be divided further. They are specific deterrence and general deterrence.

In specific deterrence maintains that punishment reforms the criminal. Hence punishment is designed to reform the criminals that are subjected to this punishment. 

The general deterrence is designed to give an exemplary punishment to avoid future occurrence of the same crime. Instead of reforming it frightens the convict.

2. Retributive theory: This theory insists that a person deserves punishment as he has done a wrongful deed. this theory signifies that no person shall be arrested unless that person has broken the law. This theory puts the below conditions where a person is considered as an offender. These are:

(i) The penalty given will be equivalent to the grievance caused by the person.

Performed a crime of certain culpability.

(ii) That similar persons have been imposed for similar offenses.

(iii) That the action performed was by him and he was only responsible for it. Also, he had full knowledge of the penalty system and possible consequences.

3. Preventive theory: This theory has used a restraint that an offender if repeats the criminal act is culpable for death, exile or imprisonment. The theory gets its importance from the notion that society must be protected from criminals. Thus, the punishment here is for solidarity and defense.

5. Reformative theory: According to this theory, the objective of punishment needs to be reformation by the offender.

Strict Liability and Absolute Liability

Q. What do you understand by strict or Absolute liability in Criminal Law? Discuss. [2018 - 10 marks - Law of Crimes]

Q. What is the difference between strict liability and absolute liability of tort? [2021 - 10 marks - Law of Torts]

Strict Liability 

The principle of strict liability states that any person who keeps hazardous substances on his premises will be held responsible if such substances escape the premises and causes any damage. 

The principle of strict liability evolved in the case of Rylands v Fletcher. Fletcher built a reservoir on his land to power his mill. Accidentally, the water from the reservoir flooded the coal mines owned by Rylands. The Court held that the defendant built the reservoir at his risk, Hence, the defendant was liable for the escape of the water causing damage to F.

Absolute Liability

The principle of Absolute liability was laid down in the case of MC Mehta vs. Union of India involving hazardous gas leak from Union Carbide causing deaths of more than 3000 people. 

The principle of absolute liability states that Where an enterprise is engaged in a hazardous or inherently dangerous activity, and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity is strictly and absolutely liable to compensate all those who are affected by the accident, and such liability is not subject to any of the exceptions which operate vis-à-vis the tortious principle of strict liability under the rule in Rylands vs Fletcher.

Difference between Strict Liability and Absolute Liability

1. Absolute liability is applicable only to enterprises operating with a commercial objective. Whereas any person can be made liable for strict liability.
2. Escape of a dangerous material is important in strict liability, whereas, in absolute liability, an enterprise can be made responsible even without an escape.
3. There are certain exceptions available to a person in strict liability, but there is no defense available in absolute liability.

Facts and Legal principles established in Aishbury Rly Carriage and Iron Co. Ltd. Vs. Riche (1875)

Q. State the facts and legal principles established in 'Aishbury Railway Carriage and Iron Comp. Ltd. Vs. Riche (1875) CR 7 HL 653 [2019 - 10 marks]

Facts and legal principles established in 'Aishbury Railway Carriage and Iron Comp. Ltd. Vs. Riche (1875) 

Facts of the Case

Incorporated under the Companies Act 1862, the Ashbury Railway Carriage and Iron Company Ltd’s memorandum, clause 3, stated that its objects were "to make and sell, or lend on hire, railway-carriages…" and clause 4 stated that activities beyond this needed a special resolution. But the company agreed to give Riche and his brother a loan to build a railway from Antwerp to Tournai in Belgium.[1] Later, the company repudiated the agreement. Riche sued, and the company pleaded that the action was ultra vires.

Legal Principles established

The House of Lords held that if a company pursues objects beyond the scope of the memorandum of association, the company's actions are ultra vires and void. 

Lord Cairns LC said, It was the intention of the legislature, not implied, but actually expressed, that the corporations, should not enter, having regard to this memorandum of association, into a contract of this description. The contract in my judgment could not have been ratified by the unanimous assent of the whole corporation.

Implication in Current Context

Its importance as case law has been diminished as a result of the Companies Act 2013, s 31, which allows for unlimited objects for which a company may be carried on. Furthermore, any limits a company does have in its objects clause have no effect whatsoever for people outside a company (s 39 CA 2013), except as a general issue of authority of the company's agents.

Doctrine of Constructive Notice, Indoor Management and Exceptions : Company Law

Q. What is the doctrine of Indoor Management? [2019 - 10 marks]

Q. What do you mean by the doctrine of Indoor Management? [2018 - 10 marks]

Q. Short note on Doctrine of constructive Notice [2017 - 4 marks]

Q. What is doctrine of 'Indoor management’? Discuss with the help of decided cases. [2017 - 20 marks]

Q. Discuss the doctrine of Indoor Management with exceptions. [2016 - 20 marks]

Doctrine of Constructive Notice

Memorandum and Articles of Association, two main documents of any registered company,  are the public documents.  Section 399 of the Companies Act, 2013 makes the documents electronically available to all public for their view, taking note of and referring them for any legal purpose. 

Before any deals with a company, one must inspect its documents and verify conformity with the provisions. The law assumes that any person dealing with the company is aware of the contents of the documents, irrespective of whether or not the person actually has read the documents. This is called Constructive Notice.

Doctrine of Indoor Management

The Doctrine of Indoor Management presumes that all the internal procedures as per the Memorandum and Articles of Associations of the company are complied with by the company. As the outsiders will not have access to the internal workings of the company, to protect the interest of the outsiders dealing with the company, this doctrine was introduced in the famous case of The Royal British Bank vs. Tarquand, This is also known as Tarquand rule.

Exception to the Doctrine of Indoor Management

The Doctrine of Indoor Management is not applicable under the following cases:

The outsider has actual or constructive knowledge of the irregularity

In the above situation the Doctrine of Indoor Management cannot be applied to plead protection.

The outsider is negligent in his conduct

The Doctrine of Indoor Management shall not be applicable to protect the outsider if the outsider behaves negligently.

Forgery

In any transaction if there is forgery, the transaction becomes null and void. Hence no protection is available to outsider  if there is forgery in the transaction.

Decided Case Law

The Doctrine of Indoor Management was applied in Diwan Singh Hira Singh vs, Minarva Mills Ltd. In this case the director of the company was authorized to allot 5,000 shares only but the director had allotted 13,000 shares. It was held the the allottees had purchased the shares in good faith that the director is working within his specified power conferred to him.

One person company : Company Act 2013

One person company [2019 - 4 marks]

One person company

Section 2(62) of the Companies Act 2013 defines One person company (OPC) as a company which has only one person as a member. 

Any natural person (should not be minor) who is an Indian citizen whether a resident in India or not i.e. NRI  shall be eligible to  incorporate a One Person Company and appoint nominee of an OPC, Timeline for Non-resident individuals has been reduced to 120 days.

Minimum Subscription - Companies Act 2013

Minimum Subscription [2019 - 4 marks]

Minimum Subscription

Minimum subscription refers to the minimum amount which a company should raise at the time of issuing capital. Section 26(a)(xii) of the Companies Act mandates that the minimum subscription should be a part of the Prospectus.  It has been provided by the Companies Act, that the company must receive applications for a certain minimum number of shares before going ahead with the allotment of shares in order to prevent companies from commencing business with inadequate resources.