A Comprehensive Study of Theories of Punishment in The Indian Context

Abstract

Crime is an act deemed by law to be harmful for society as a whole though its immediate victim may be an individual. Sutherland and Cressey have mentioned two essential ideas while defining the concept of punishment. Firstly, it is inflicted by the group in its corporate capacity upon one who is regarded as a member of the same group. War is not punishment for in war the action is directed against foreigners. Secondly, it involves pain or suffering produced by design and justified by some value that the suffering is assumed to have. Punishing is primarily the responsibility of the Civil State. Due to change in social values, cultures and beliefs, the types of punishments offered need to be modified and altered. A criminal can be treated as a nuisance or a rival or a patient or a rebellious child. Reformatory theory of punishment got rooted with the passage of time and inclines towards individualised treatment of criminals. This might aid in better reintegration and erase the penal stigma. This theory believes that punishment is not an end in itself but only a means, the end being rehabilitation of the offender in society. New agencies like parole and probation are excellent measures to retrieve offenders to society as rehabilitated persons. This research paper elaborates on the evolution of different theories of punishment in India with a special focus on the measures adopted under the reformative theory of punishment. It also analyses the effect of general substitution of reformation for deterrence, on the Indian offenders. There is a need to address if a reformative approach can be adopted for all types of offenders.