PUNISHMENT: FORMS, THEORY AND PRACTICE
Downloads
Abstract
Oppenheimer defines Punishment is an evil inflicted upon a wrongdoer, as a wrongdoer on behalf and at the discretion of the society, in its corporate capacity of which he is a permanent or temporary member.’’ Punishment always run with crime and originates as private vengeance. Only victim carries out the sentence to satisfy the feeling of revenge. Only aggrieved person had the right to pardon the offender and no such right vested in public authority. The purpose of punishment has been to inflict ‘hurt’. Punishment is also viewed as a means of social control and to prevent crime. The goal of punishment has become change according to the change in social thinking. It starts from retribution and deterrence of criminal and now working on rehabilitation. The sentencing policy under Indian Penal Code are also not static but got change by legislation and also by interpretation of Honourable Courts to fulfil the need and demand of society. New development gives rise to new form and mode of crime such as cyber, financial crime etc with the conventional crime which demand change in the degree of punishment and its implementation. It has been very evident by now that though the concept of punishment is as old as the mankind is, there has been a tremendous change in the overall form of punishment and its acceptance in the penal system of different countries.
External References to this Article
Loading reference data...
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Abhishek Kumar Mishra
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
