Punishment

Crime is a wrong against the society at large and in order to protect the society from various criminal activities, the wrong doer is punished by the society itself. Punishments may range from fines to confinement to other forms of corporal punishments. Punishment is a way of inflicting pain or injury upon a wrongdoer because of his wrongful act. A number of theories have been put forward to define the manner as well as the purpose of punishment.

Theories of punishment

1.       Retributive theory- according to the retributive theory, injury is inflicted upon a wrong doer as a form of revenge or retribution. This mode of punishment has been criticized as being savage and outdated.

2.       Deterrent theory- according to this theory, the quantum of punishment should be such so as to prevent other people from committing the same offence. According to this, the condemned man is made an example for the society, so as to protect the society at large from widespread crime and violence.

3.       Preventive theory- this theory aims at the prevention of the actual occurrence of crime. The person anticipated to commit an offence is put in such circumstances so as to make him incapable of doing it. Preventive detention laws are an example of it.

4.       Reformative theory- this theory treats a wrongdoer as a sick man and aims at reforming it. The purpose of punishment in this case is to make the wrongdoer a better person and fit for going back in society. Again it is criticized for being weak and is not at all applicable on hardened criminals.

5.       Expiatory theory- this theory is based upon on the theological beliefs that a man who repents for his crime should be forgiven. It is criticized for being weak and is now obsolete.