Q. Define punishment. Critically explain the various theories of
punishment. [20 marks - 2018 ]
Q. Explain the various types of punishments to which offenders are liable
under the Indian Penal Code. [10 marks 2019]
Q. In criminal administration of justice why punishment is said to be as
end of justice? Also explain theory of punishment. [20 marks - 2019]
Q. What is administration of justice? Analyse the different
theories of punishment. [20 marks - 2023]
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 (Theories of Administration of Criminal Justice)
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.
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