THEORIES OF PUNISHMENT IN INDIA- A BRIEF ANALYSIS
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Abstract
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 awarded to reduce crimes and maintain peace in society. It is a commonly accepted concept that theories of punishment represent the basis of legitimating for the state's criminal punishment procedures. It starts from retribution and deterrence and now it is rehabilitation of the criminals. It is very much evident that the concept of punishment is as old as the mankind. Various theories of criminal behaviour or criminality have recommended justifications for imposition of punishment. The justifications for punishment are deterrence, prevention, retribution, or rehabilitation. The objective of punishment in all legal systems is the avoidance of crime in order to provide a cleaner society.
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