Theories of Punishment
a. Deterrent Theory-
Salmond
said that the deterrent aspect of punishment is extremely important. The object
of punishment is not only to prevent the wrongdoer from committing the crime
again but also to make him an example in front of the other such persons who
have similar criminal tendencies. The aim of this theory is not to seek revenge
but terrorize people. As per this theory, an exemplary punishment should be given
to the criminal so that others may take a lesson from his experience. However,
critics believe that deterrent effect not always leads to a decrease in crime.
Cutting of hand for theft is the example of this type of punishment.
b. Preventive Theory-
This
theory believes that the object of punishment is to prevent or disable the
wrongdoer from committing the crime again. Deterrent theory aims at giving a
warning to the society at large whereas the main aim of this theory is to
disable the wrongdoer from repeating the criminal activity by disabling his
physical power to commit crime. Death sentence or imprisonment is the example.
c. Reformative Theory-
This
theory believes that Punishment should exist to reform the criminal. Even if an
offender commits a crime, he does not cease to be a human being. He might have
committed the crime under circumstances which might never occur again. Thus,
the main object of Punishment under Reformative theory is to bring about a
moral reform in the offender. Certain guidelines have been prescribed under
this theory.
i.
While awarding punishment, the judge should study the characteristics and the
age of the offender, his early breeding, the circumstances under which he has
committed the offence and the object with which he has committed the offence.
ii.
The object of the above mentioned exercise is to acquaint the judge with the
exact nature of the circumstances so that he may give a punishment which suits
those circumstances.
iii.
Advocates of this theory say that by sympathetic, tactful and loving treatment
of the offenders, a revolutionary change may be brought about in their
character. However, the Critics say that Reformative Theory alone is not
sufficient, there must be a mix of Deterrent Theory and Reformative Theory in
order to be successful. Critics believe that in a situation of deadlock between
the two theories, the Deterrent Theory must prevail.
d. Retributive Theory-
In
primitive societies, the punishment was mostly retributive in nature and the
person wronged was allowed to have his revenge against the wrongdoer. The
principle was “an eye for an eye”.
This principle was recognized and followed for a long time. Retributive theory
believes that it is an end in itself, apart from a gain to the society and the
victim, the criminal should meet his reward in equivalent suffering.
e. Theory of Compensation-
This theory believes
that punishment should not only be to prevent further crime but it should also
exist to compensate the victim who has suffered at the hands of the wrongdoer.
However, critics say that this theory is not effective in checking the rate of
crime. This is because the purpose behind committing a crime is always economic
in nature. Asking the wrongdoer to compensate the victim will not always lower
the rate of crime though it might prove beneficial to the victim. Under this
theory, the compensation is also paid to the persons who have suffered from the
wrongdoing of the government.
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