What are the Objectives of the State behind Penal Sanction?
- by Aditi-Harshraj
- Aug 22, 2020 16:09
Penal Sanction means punishment for the crime committed by the offender and to realize them their wrongdoing and to minimize it. The objective of the Penal Sanction has been expressed through various theories and the Country selects the one which matches their aim or ideology.
Here below we will discuss the theories -
1. Retributive Theory This theory believes that a person must be given the same punishment which amounts to the offense committed by him. It basically means an eye for an eye But this theory has been criticized by many jurists. According to Mahatma Gandhi if we follow such theory then the world will become blind.
2. Deterrent Theory This theory means let the person be an example of the future criminal mind. The criminal must have fear of committing crimes because of the consequences. The offender must be given rigorous punishment so that others will see and will not commit the same offense again in the future. For instance- offenders are given capital punishment in public areas. So that they will see and have fear before committing a crime.
3. Prevention Theory This theory keeps the offender or Criminals away from Society. In other words, it means to boycott the offender. So, that they won't repeat their crime. The ideology behind this theory is if criminals won't live with them in society then ultimately they won't commit crime too. But this time of theory is difficult to implement in this era because criminals don't need to be physically present on the spot to commit a crime. They can be engaged in crime through different technologies.
4. Reformative Theory This theory is based on the principle that "Every saint has a past and every sinner has a future." Mahatma Gandhi had said that we should hate the sin not the sinner. But this theory doesn't apply to heinous crimes such as Rape, intentional murder, or terrorist attack or etc. Although this theory is against capital punishment there is a need to punish people who really practice inhuman activities or mentally ill people who don't regret their actions.
There is not a single Theory which is ideal. So, State utilizes all the theories to some extent as per the need, requirements, and ideologies.
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