Meanning Of Punishment | Kinds And Theories of Punishment | The National TV
- by Aditi-Harshraj
- May 04, 2020 17:39
Punishment means the infliction of some kind of pain or loss upon the person for the offense he did. It is imposed by the competent authority.
The theories of punishment are as follows:
Deterrent Theory: The word deter literally means to abstain from doing an act. The main purpose is to prevent criminals from doing crimes or repeating the same crime again and again in the future.
It is further divided into Special deterrent and General deterrent:
Special deterrent imposes punishment to discourage a person from committing a crime.
The general deterrent punishes the offender to make an example out of him. The criticism of this theory is it punishes offenders before they have committed a crime and causation and effect could be different in most cases.
Retributive Theory: This theory is based on the principle of An eye for an eye, a tooth for a tooth. The main objective is to make the criminals realize the suffering of pain by subjecting him to the same kind of pain as suffered by the victim. This theory has been criticized a lot as it aims at taking revenge rather than social welfare and transformation.
Preventive Theory: Its aim is to prevent crime rather than the evening. The idea of the theory is to keep the offender away from society. If the offender repeats the crime then he is punished with life imprisonment, the death penalty. It relies upon humanitarian modes of punishment, but have weakness against hardcore criminals.
Reformative Theory: It aims to reform legal offenders by individual treatment. Its main idea is that no one is a born criminal and criminals are also human. It is believed that if criminals are trained and educated, they can be transformed into law-abiding citizens. It also relies upon humanitarian modes of punishment, but have a weakness against hardcore criminals.
Expiatory Theory: It is believed that if the offender expiates or realizes his mistake then he must be forgiven. Compensation is awarded to the victims from the wrongdoers.
Modern Theory: It is the combination of all the theories of punishment such as Deterrent Theory, Retributive Theory, Preventive Theory, Reformative Theory, and Expiatory Theory.
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