Introduction
Crime is an act committed or omitted in violation of public law forbidden or commanding it. Thus crime is an act or omission done with guilty intention, which is forbidden by public law.
The practice of awarding punishments is a very important part of the criminal justice system as it a form of society’s manifestation of the admonition of the crime by a collective conscience as specified by Durkheim. The object of the punishment in Manu’s words is- “ punishment governs all mankind; punishment alone preserves them; punishment awakes while their guards are asleep; the wise consider the punishment as the perfection of justice.”
Chapter III Section 53 to 75 of IPC deals with the kinds of punishments. The punishments are awarded in various forms for various offences. The main object of punishment is the prevention of offence and the measure of Punishment must vary from time to time. It is depending upon particular form of crime and other circumstances. The amount of severity may be appropriated at one time and which would be uncalled at another time.
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Definition
In Philosophy-
Conditions commonly considered necessary properly to describe an action as punishment are that -
It is imposed by an authority,
It involves some loss to the supposed offender,
It is in response to an offense and
The human (or other animal) to whom the loss is imposed should be deemed at least somewhat responsible for the offense .
In Psychology-
Punishment is the reduction of a behavior via application of an unpleasant stimulus (positive punishment) or removal of a pleasant stimulus (negative punishment)
In Socio-biology-
Punishment is sometimes called retaliatory or moralistic aggression. It has been observed in all species of social animals, leading evolutionary biologists to conclude that it is an evolutionarily stable strategy, selected because it favors cooperative behavior.
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Object of Punishment
The main goals of criminal justice system can be divided into the following categories:
-Preventing crimes;
-Punishing offenders and criminals;
-Rehabilitating offenders and criminals;
-Compensating victims as much as possible; and
-Maintaining law and order in society.
Four Objectives of Punishment-
Reparation: Punishment should compensate the victim(s) of a crime.
Protection: Punishment should protect society from the criminal and the criminal from themselves.
Retribution: Punishment should make the criminal pay for what they have done wrong.
Reformation: Punishment should reform the criminal.
Four Goals of Punishment-
Protection: Punishment should protect society from criminals and protect criminals from themselves.
Reform: Punishment should reform criminals.
Retribution: Punishment should make criminals pay for what they did wrong.
Compensation: Punishment should compensate the victim of the crime.
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Theories
There are majorly four theories of punishment. These theories are the deterrent theory, retributive theory, preventive theory, and reformative theory.
1.Deterrent theory- Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society.
2.Retributive theory- Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence.
3.Preventive theory- The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through ways such as imprisonment, suspension of licences, death punishment and forfeiture.
4.Reformative theory- The reformation theory of punishment emphasizes the reformation of criminals through individualized methods. It is based on the principle of humanity, that is, if the offender commits a crime, he is no longer a human being.
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Case Law for Reformative theory-
Musa Khan Vs. State of Maharashtra
It was held by the Supreme Court that the purpose of any social legislation and is to reform juvenile offenders. A reformative system will prevent juvenile offenders from becoming hardened criminals.
Kinds
The five different kinds of punishments awarded by Indian Penal Code 1866 under Section 53.
i) Death Punishment / Capital Sentence
ii) Imprisonment for life
iii) Imprisonment
a) Rigorous Imprisonment
b) Simple Imprisonment
iv) Forfeiture of Property
v) Fine
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i) Death Punishment / Capital Sentence :
It is extreme form of punishment, where the accused is executed to death after found to be guilty or criminal offence. The question has never been settled between the Jurist and the Moralist that the State has the right to take away men’s life which it is not within anybodies power on earth to give.
Under IPC, the Death sentence prescribed in the following cases-
1. Waging war against Govt. of India and for abatement muting [Sec. 121 to 132]
2. Prejury resulting in conviction and death of an innocent person [Sec. 194]
3. Murder [Sec. 300 to 303]
4. Abetment of suicide of minor or insane person [Sec. 305]
5. Attempted murder by life convicts [Sec. 307 (2)]
6. Decoity with murder [Sec. 396]
Capital punishment is based on the Retributive Theory of Punishment. According to this theory, “an Eye for Eye, Tooth for Tooth, Blood for Blood and Life for Life is complete and self sufficient rule of natural justice.”
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Case Law –
In Bachan Singh Vs. State of Punjab,
The Court Of India held that the death penalty is constitutional only when applied as an exceptional penalty in “the rarest of the rare” cases.
ii) Imprisonment for Life :
This is a punishment where in the accused person is confined in penitentiary. The appropriate government may commute without consent of the offender a sentence of imprisonment for life to imprisonment not exceeding 14 years.
Imprisonment for life is awarded for offence of
1. Waging war [Sec. 121]
2. Conspiracy against state [Sec. 121 (2)]
3. Murder [Sec. 302]
4. Rape [Sec. 376]
5. Murder in dacoity [Sec. 396]
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iii) Imprisonment other than Life :
a) Rigorous Imprisonment- Under this rigorous imprisonment the prisoner is subjected to hard labour such as grinding of corn, breaking of metal, pressing of oil etc.
Rigorous Imprisonment should be awarded in following cases
1. Offence of giving and Fabricating False evidence in a capital offence [Sec. 194]
2. House trespass in order to commit an offence punishable with death [Sec. 449]
b) Simple Imprisonment- In this kind of imprisonment the offender is confined to jail and not put to any kind of work.
Simple imprisonment awarded in following cases-
1. Public servant unlawfully engaging in trade [Sec. 168]
2. Wrongful restraint [Sec. 341]
3. Defamation [Sec. 500]
4. Indecent behaviour [Sec. 509]
5. Misconduct by drunken person [Sec. 510]
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iv) Forefeiture of Property :
Formally conviction for serious offence meant the deprivation of the property of the criminal along with his personal freedom. It was really an added punishment on the relatives like wife, children etc. who ever dependent upon him and who were to inherit his property.
This was felt to be not consistent with the modern Liberal Principle of punishment. Therefore the punishment of forefeiture of property or offenders is now abolished except in following-
1. Committing depredation on territorries of power at peace with the Government Of
India [Sec 126]
2. Receiving property taken by war or depredation mentioned in Sec. 125 and 126 of Indian Penal Code [Sec. 127]
3. Public Servant unlawfully buying or bidding for a property [Sec. 169]
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v) Fine :
Fine is forefeiture of money by way of penalty when no sum is expressed to which a fine may extend, amount of fine to which offender liable is unlimited but cannot be excessive.
There are four parts of the fine-
1. Offences are which fine is the only punishment and amount is limited.
2. Offences in which fine is an alternative punishment but its amount is limited.
3. Offences in which it is an additional punishment but amount is limited but
4. Cases in which is both an additional punishment and amount is unlimited.
Conclusion
Under the Law, punishment is providing to cease the wrongdoer from committing the crime again. Punishment is a consequences or result of a wrong committed by a person. Provisions for punishment are provided under section 53 and chapter III of the Indian Penal Code. Punishment aims to protect the society from mischievous elements, by deterring potential offenders and preventing actual offenders from committing further offences, to eradicate evils, to reform criminals and turn them into law abiding citizens.
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Reference
1)Institute of Hindu Law (translated by Haughton, G.C. 1835) Ch. 7, para 18
2) https://www.legalbites.in/kinds-of-punishment
3) https://en.wikipedia.org/wiki/Punishment
Authors-
- Patil Vasudha Satish
- Kumbhar Dhanashri Popat
Class- LLB2
Shahaji Law College, Kolhapur. (Affiliated to Shivaji University, Kolhapur)
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