PROJECT REPORT SUBMITTED IN PARTIAL FULFILMENT OF

REQUIREMENTS F.Y-B.B.A., LL.B. (Hons.)

TOPIC:

VARIOUS THEORIES OF PUNISHMENT

SUBMITTED BY:

MAYANK SRIVASTAVA

A058

SUBMITTED TO:

Prof. SHRUTI RAJGARHIA

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Sr. Title Page
No No.

1 Introduction 3

2 Review of Literature 4

3 Analysis 5

4 Theories of Punishment 5

5 Theory getting massive support 6

6 Various Types of Theories 6

7 Views and Recommendations 9

8 Bibliography 9

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 Chapter – 1

Introduction:-
In ordinary language, the term crime denotes an unlawful act punishable by the state. The
term wrongdoing does not, in present day criminal law, has any straightforward and all
around acknowledged definition, however statutory definitions have been accommodated
sure purposes. The most famous view is that wrongdoing is a class made by law.

Discipline, as indicated by the word reference, includes the punishment of agony or

relinquishment, it is the curse of a punishment, reprimand or censure by the legal arm of the
State. Be that as it may, if the sole reason for discipline is to make physical torment the
transgressor, it fills little need. Notwithstanding, if discipline is, for example, makes the
guilty party understand the gravity of the offense conferred by him, and to apologize and
make up for it (in this way killing the impact of his wrongful demonstration), it might be said
to have accomplished its coveted impact.

A man is said to be "rebuffed" when some torment or inconvenience is caused on him. This
may go from capital punishment to a token fine. Consequently, discipline includes the curse
of agony or relinquishment; it is a legal appearance with a punishment, rebuke or
chastisement. In the book entitled “Criminal Behaviour”, Walier Reckless describes
punishment as “the redress that the commonwealth takes against an offending member.”
In the words of Westermarck, punishment is “Such suffering as is inflicted upon the
offender in a definite way by, or in the name of the society of which he is permanent or
temporary member.”

There are diverse good bases for reprisal. To numerous retributivists, discipline is defended
as a type of vengeance. Wrongdoers ought to be compelled to endure on the grounds that they
have constrained others to endure. This antiquated guideline was expressed succinctly in the
Old Testament of the Judeo Christian Bible: "When a man causes a distortion in his
neighbour … it shall be done to him, crack for break, tit for tat, tooth for tooth… ."

To different scholars, revenge against a transgressor is legitimized to secure the genuine

privileges of both society and the guilty party. Society demonstrates its regard for the choice
of the miscreant through discipline. Discipline demonstrates regard for the Cretan since it
enables a guilty party to pay the obligation to society and after that arrival to society,
hypothetically free of blame and disgrace.

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 Chapter - 2

Review of Literature:-
We as a whole realize that fact is more peculiar than fiction as is the act of these hypotheses.
Inspite of the fact that jails are intended to be where the crooks would be adjusted or for that
case deflected from perpetrating a wrong later on, however the present day witnesses the
detainment facilities to have turned out to be excess in their goal and getting to be locales of
reproducing for in-your-face lawbreakers. This is a reality that the penologists must
investigate. In spite of the fact that in principle the greater part of the disciplines talked about
above may appear to be flawless if utilized on the whole, however this all turns into a simple
joke when endeavoured to embroil in the useful sense.

Criminal punishments should be used for the purpose of deterring the commission of further
crimes either by the criminal himself or by the other members of the society. There are
different types of punishment an authority can use to serve this purpose. Different types of
theories help us to tackle with different types of punishment which has to be given at the
given consequences. It also enables the way for the concern authorities to justify the
judgement given to the prisoner.

1. Western Reserve Law Journal 4 W.Res.L.J(1898-1899):-

The author has clearly explained the theory of various types of punishment. The
examples used to simplify the concept of various theories are good. It has told about
the underlying forces and principles which have moulded its form, its historical
development, the elementary and fundamental principles which are the basis of our
system of jurisprudence.
2. University of Kansas City Law Review, Vol. 29, Issue 1 (Winter 1961):-
This article clearly defines that why a prisoner should be punished. It also defines
about which type of punishment should be given to the prisoner depending upon the
gravity of the criminal act done.
3. Jurisprudence Legal Theory (Prof. Noimta Agrawal) (Year – 2016)
The author has helped in understanding various pros and cons about various theories.
He has also provided a brief comparison between them. Criticism has helped a lot in
understanding the various topics in totality.

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 Chapter - 3

Analysis:-
The Islamic legal system as compare to the western legal system provides a peaceful and
cleaner society. Western laws where the ethical norms of the society are always violated for
example in Norway and Sweden homosexuality and lesbianism is not a crime. Similarly
Spain has passed a bill for legalising adultery. Another contradiction between Islamic legal
system and western legal system is treatment with the ex-convict. The treatment with the ex-
convict plays a vital role in the reformation of the offender. However, the West’s
contemptuous treatment with the ex-convict prohibits him from rehabilitation.

Utilitarian Theorists believe that punishment should be developed based on what is best for
the public as a whole. A major focus is on the deterrent effect of a criminal statute deters a
criminal act then the public benefits because the crime does not occur. Retribution Theorists
are backward looking as opposed to the forward looking utilitarian theorists. Their beliefs
could be summed up as an eye for an eye. It looks at the suffering of the victim to determine
the level of punishment.

Deterrent Theory directs to impose exemplary punishments. The punishments are very
serious including death sentence, long standing rigorous imprisonments. Reformative theory
directs to impose the lesser punishments and stress more on reformation. The primary
objective of the theory is to reform the criminals.

Theories of Punishment:-
With the change in the social structure, the society has witnessed various punishment theories
and the radical changes that they have undergone from the traditional to the modern level and
the crucial problems relating to them.

Theories of punishment can be divided into two general philosophies:-

 Utilitarian :-
The utilitarian theory of punishment seeks to punish offenders to discourage, or
"deter," future wrongdoing. Laws should be used to maximize the happiness of
society. Because crime and punishment are inconsistent with happiness, they should
be kept to a minimum. Utilitarians understand that a crime-free society does not exist,
but they endeavor to inflict only as much punishment as is required to prevent future
crimes.
 Retributive :-
The retributive theory seeks to punish offenders because they deserve to be punished.
Human beings have free will and are capable of making rational decisions. An
offender who is insane or otherwise incompetent should not be punished. However, a
person who makes a conscious choice to upset the balance of society should be

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 punished. To many retributivists, punishment is justified as a form of vengeance:
wrongdoers should be forced to suffer because they have forced others to suffer.

Theory getting massive support:-

The latest and the most empathetic of all hypotheses depends on the rule of improving the
lawful wrongdoers through individual treatment. Not looking to lawbreakers as brutal this
hypothesis advances the changing idea of the current society where it by and by investigates
the way that all different speculations have neglected to advance any such stable hypothesis,
which would keep the event of further violations. Despite the fact that the facts may prove
that there has been a more noteworthy beginning of violations today than it was before, yet it
might likewise be contended that large portions of the offenders are additionally getting
transformed and driving a well behaved life all-together.

It depends on the humanistic rule that regardless of the possibility that a wrongdoer
perpetrates a wrongdoing, he doesn't stop to be an individual. He may have carried out a
wrongdoing under conditions which may never happen again. Along these lines an
exertion ought to be made to change him amid the time of his imprisonment. The protest
of discipline ought to be to realize the ethical change of the guilty party. He should be
instructed and shown some workmanship or industry amid the time of his detainment
with the goal that he might have the capacity to begin his life again after his discharge
from imprison.

Various Types Of Theories:-

There are many theories concerning the punishment. All the theories which have been
changed time to time can be divided under three broad categories:-

 That hold the primary functions of the criminal law to preserve and increase the
welfare of the states.
 That hold the chief aim of criminal justice must be the infliction of punishments as
retribution of the offender for the harm done.
 That hold the punishment to the offender should be inflicted in a way so as to reform
him.

Jurists have propounded the following main theories of punishment:-

I. Retributive Theory
II. Deterrent Theory
III. Preventive Theory
IV. Expiatory Theory
V. Reformatory Theory

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 This chapter would like to discuss the various theories and explain the pros and cons of each
theory. The aim of this project is to show the evolution of such theories.

I. Retributive theory:-
According to this theory it is right and proper without regard to ulterior consequences
that the evil should be returned for evil. Retribution in this sense is based on saying an
eye for an eye, a tooth for a tooth, a limb for a limb and a life for a life. It means act of
inflicting injury in return of injury i.e. evil for evil.
According to Kant punishment cannot rightly be inflicted for driving any benefit from
it, for the criminal or for society and the sile and sufficient reason and justification of
it lies in the fact that evil has been done by him who suffers it.

II. Deterrent Theory:-

Prevention hypothesis says that individuals don't carry out wrongdoings since they
fear getting found - as opposed to being persuaded by some profound good sense. As
per prevention hypothesis, individuals are well on the way to be deterred from
perpetrating a wrongdoing if the discipline is quick, certain and extreme. For instance,
in the piece of candy burglary, if there is a low probability that you'll get got or if the
discipline for getting found is only a notice, prevention hypothesis says you'll
probably take it.

III. Preventive Theory:-

The preventive hypothesis is established on forestalling redundancy of wrongdoing by
crippling the guilty party through measures, for example, detainment, relinquishment,
demise discipline and suspension of permit. Preventive hypothesis was upheld by
utilitarian law reformers due to its refining impact on reformatory law. In their view,
it is the conviction of law and its seriousness which really affects wrongdoers. The
improvement of the establishment of jail is basically a result of the preventive
hypothesis of wrongdoing.

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IV. Expiatory Theory:-
Appeasement hypothesis expresses that pay is granted to the casualty from the
transgressor, granting pay from the charged, denounced is not physically rebuffed. He is
monetarily rebuffed and such pay is granted to the casualty or casualty's relatives. This
likewise turns into a lesson to the staying open. Motivation behind this hypothesis is by
and large in other arrangement of discipline, the casualty is not contemplated. The
present criminal equity framework focuses just on rebuffing the criminal. The courts are
not in position to bring up the grievances’ of the casualty or his relatives.

V. Reformatory Theory:-
As indicated by this hypothesis, the question of discipline ought to be the change of the
criminal, through the strategy for individualization. It depends on the humanistic rule
that regardless of the possibility that a wrongdoer carries out a wrongdoing, he doesn't
stop to be a person. He may have carried out a wrongdoing under conditions which may
never happen again. In this way an exertion ought to be made to change him amid the
time of his imprisonment. The question of discipline ought to be to realize the ethical
change of the guilty party. He should be instructed and shown some workmanship or
industry amid the time of his detainment with the goal that he might have the capacity to
begin his life again after his discharge from imprison..

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 Chapter - 4

Views and Recommendations:-

There are various theories trying to avail the purpose of punishment. These theories create
different shades and effects in the criminal jurisprudence. The aim of inflicting punishment is
to curtail the crime. It seems that to do crime is a human vice because of which it would be
impossible to eradicate this suffering completely from the society. But it is necessary in the
welfare of the society and for the survival of them that it can be curtailed to the lowest level.
With this aim the application of these theories has been changing with the ages and
governments but the object behind the policy of inflicting punishment was never changed.
The object of punishment is diminishing the crime for remaining secure the society. Though
each theory keeps separate effect on offender/convicts. With the passage of time different
types of punishment were imposed upon convicts/accused as corporal (flogging, mutilation,
branding, stocks and pillories), transportation, capital punishment, imprisonment, and
monetary. Some of those were being barbaric abolished with the time. Today, convicts are
detained not only in prisons but there are also the others approved detention centers as female
reformation homes, mental asylum, juvenile care homes, and remand homes running by
governments.

I hope that the decision taken by law commission of India for the abolition of death penality
for any crime other than the terrorism. I think it is also a good step to give them life time
imprisonment for the crimes such as rape and murder cases. From the various theories which
has been discussed above in detail the reformative theory is getting massive support and on
the other hand it is getting widely accepted among people which is a great achievement. A
number of steps are being taken by concerned authorities to implement various theories at the
place they have to be applied. Some countries are still following same type of punishment for
most of the crimes which has be to changes and many countries are on the verge of changing
their systems related to punishment. Various criticism by different authors have helped for
the theories to evolve better from time to time.

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 Chapter – 5

Bibliography:-

 http://law.jrank.org/pages/9576/Punishment-THEORIES-PUNISHMENT.html

 http://lawnn.com/theories-punishment-kinds-punishment-criminal-law/

 http://lex-warrier.in/2014/02/theories-punishment-overview/

 http://www.shareyouressays.com/119654/essay-on-various-theories-of-punishment

 https://definitions.uslegal.com/p/preventive-theory/

 https://www.lawctopus.com/academike/reformative-theory-of-punishment/

 Jurisprudence Legal Theory (Prof. Noimta Agrawal) (Year – 2016)

 A Theory of Justice (John Rawls) (Year – 1971)

 McCoubrey & White's textbook on jurisprudence ( H. McCoubrey) (Year – 1993)

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