CHAPTER – 3

PUNISHMENT OF OFFENCES PREVAILING

IN ANCIENT AND MODERN INDIA
The word ‘Punishment’ has not been defined under the
Indian Penal Code but it simply provides the forms of punishment.
Punishment according to dictionary, involves the infliction of pain or
forfeiture, it is infliction of penalty, chastisement or castigation by the
judicial arm of the state and according to the E. Westermark25
“Punishment is limited to such suffering as is inflicted upon the
offender in a definite way by, or in the name of the society of which
he is a permanent or temporary member.” The main purpose of
punishment is not only to punished the wrongdoer but also to
maintain peace and harmony in the society

According to dictionary meaning, the word ‘Punish’ means ‘to

make someone suffer for a crime or for a bad behavior or the
imposition of penalty as retribution for an offence’. In Criminal
law, ‘Punishment’ means 'any pain, penalty, suffering inflicted
upon a person by the authority of law and the sentence of the court
for some crime committed by him or for his omission of a duty
enjoined by law'. The punishment maintains law and order, it protects
the person and the property. The offenders refrain from wrongdoing for
the fear of punishment and therefore, the punishment and law are
inseparable.
The concept of the punishment has also been recognized in the
Dharmashstra. In the Hindu shastras, The King had the power to
punish the law breaker and protect the law abider. According to Manu,

25 E Westermark : The orgin and Development of the moral ideas, p. – 189

24
King was Danda Chhatra Dhari, i.e. the holder of punishment and protector.
For him, punishment was the essential characteristics of law and he justified
the punishment to keep the people under control and protects them, Manu
says that –
^^n.M% 'kkfLr izKk% lokZ n.M ,okfHkj{kfrA
n.M lqErs’kq tkxfrZ n.M /keZ fonqoZ/kk%AA26
which means 'punishment remains awake when the people are
asleep, so the wise have recognized punishment itself as a form of
Dharma’.
Thus, it is clear that the punishment is one of the oldest method of
controlling crime and criminality. The object of the punishment is not only to
reform the offender but also to deter him and others from committing the
offences and to protect the society. There are different forms of punishments
and it changes with the changing of times. The methods of executing the
sentence are also changed and supporting human rights. As in the past we
have seen that the death sentence was awarded for a small- small cause but it
has been awarded only in the ‘rarest of the rare case’. Still some societies
use ancient forms of cruel punishment but the punishment have also evolved
along with civilization and has become less cruel. Now, the severity of
punishment depends on the crime and a person is punished with the severe
forms punishment only if he commits the serious crimes.
To see the transformation of punishment from the Ancient India to
Modern India, the forms of punishments have been divided under the
following two heads –

26Manu Smriti VII 8

25
(1) Forms of Punishment Prevailing in Ancient India :–
The history of penal system states that during the past the
punishment were tortuous, cruel and barbaric in nature. The object of the
punishment was the deterrent and retribution. Due to this Penal system, the
crimes were less in numbers. Such punishments are categorized in the
following heads –
(a) Capital Punishment
(b) Corporeal Punishment
(c) Social Punishment
(d) Financial Punishment.

(a) Capital Punishment :–

According to dictionary meaning, ‘Capital Punishment’ means
the ‘legally authorized killing of someone as a punishment of crime,
a death penalty for a crime’. In other words it means a government
sanctioned practice where a person is put to the death by the state as a
punishment for a crime. During the Ancient time, the capital
punishment was executed for a small – small crime. It is the most
extreme form of punishment. The methods of execution of death
penalty have varied from time to time. There were so many forms of
executing the death penalty in which some popular forms are –
(i) Stoning
(ii) Pillory
(iii) Construct in to wall
(iv) Throw under the leg of elephant.

(i) Stoning :–
'Stoning' is that method of capital punishments in which a
group of people throws stones at a person until they die. In it, the guilty

26
 person is made to stand in a small trench dug in the ground and the
people surround him from all sides and throw stones on him until his
death. This mode of punishment is still in vogue in some of the Islamic

countries, specially in Afghanistan, Saudi-Arabia etc. Although it is

barbaric in nature but due to it the sex crimes are well under control in
these countries.

(ii) Pillory :–
In 'Pillory', the offender was compelled to stand in public
place and his head and hands were locked in an iron frame so that he
couldn’t more and he could be whipped, branded or stoned or his ears
were nailed to the beams of Pillory. Some times, the dangerous
criminals were nailed in walls and shot or stoned to death. It is
undoubtedly was the cruel and brutal form of punishment which was in
practice till 19th century.

(iii) Construct into wall :–

In it the offender was constructed into wall. It was the most
cruel, barbaric and the most painful form of execution of death penalty.
A movie Neel-Komal has stated this kind of brutal punishment.
(iv) Throw under the leg of elephant :–
In it, the offender was thrown under the legs of elephant, who
was made intoxicated before putting the offender under his legs. A
movie ‘Bagawat’ has stated this kind of punishment.

(b) Corporeal Punishment :–

Generally, ‘Corporeal Punishment’ means a ‘punishment
which is intended to cause physical pain on a person’. It is also
known as Physical punishment. It is a punishment for the violation of

27
law which involves the infliction of pain on or harm to the body. The
object behind Corporeal Punishment is not only to punish the offender
but also to prevent the repetition of the offence by such offender or by
any other person.
The following are the Corporeal Punishment which are given in
the ancient times:-
(i) Flogging
(ii) Mutilation
(iii) Branding
(iv) Pressured by iron rods
(v) Tied the offender on roaming wheel
(vi) Bilboes
(vii) Rack
(viii) Imprisonment.

(i) Flogging :–
‘Flogging’ means ‘beating or whipping’. In other words, it
means to beat someone with a stick or whip as a punishment. It was the
most common method of punishing the criminal as a corporeal
punishment. In India, it was recognized under the Whipping Act, 1864
which was repealed by the same act in 1909 but it was finally
abolished in 1955. The method of flogging was differed from country
to country. Some used straps and whips with a single lash while others
used short pieces of rubber- house as they left behind traces of
flogging. It is one of the most barbarous and cruel form of Punishment.
This method is being used in most of the Middle East Countries
till today.

28
(ii) Mutilation :–
Generally, ‘Mutilation’ means ‘to cause severe damage to the
body of a person’. In other words it means damaging a person
severely especially by removing a part. This mode of punishment was
in practice in Ancient India during Hindu period, In it, one or both of
the hands of the person were chopped off if he committed theft, if he
indulged in sex crimes his private part was cut off, if he tells lie or
criticised the God his tongue was cut off, and if he is deceitful or
untrustworthy his ears were cut off. This system was also in practice in
the European countries. But in modern times this method is completely
disregarded because of its barbaric nature.

(iii) Branding :–
Generally, ‘Branding’ means ‘searing of flesh with a hot
iron’. In this method of punishment the prisoner was branded by the
hot iron rod on the forehead of the culprit and the words were used
according to the offence committed. This method was commonly used
in oriental and classical societies. In Roman Penal Law, criminals were
branded with appropriate mark on their forehead so that, they could be
identified and subjected to public ridicule. It is a forceful weapon to
fight with the criminality. In India, it was in practice during the
Moghul rule, which is how completely abolished.

(iv) Pressured by iron rods :–

In this method of punishment the body of offender was
pressured by the two iron rods in inhuman and cruel manner by which
he suffers lot of pain.

29
 (v) Tied the offender on roaming wheel :–
In this method of punishment the offender was tied with a
wheel, which moved in the speed for sometimes by which the offender
was suffering with a lot of pain.
(vi) Bilboes :–
According to dictionary meaning, ‘Bilboes’ is an iron bar with
sliding shackles, formerly used for confining a prisoner’s ankles. In
this method of punishment, the legs of the offender were tied at both
the ends of iron rods and was hanged on the roof by which he can’t
move.

(vii) Rack :–
According to dictionary meaning, ‘Rack’ means ‘an instrument
of torture’. In this method of punishment the hands and legs of the
offender were tied and were full, sometimes in opposite direction and
sometimes by the elephant in the same direction which causes more
pain and sometimes his portion also serves.

(viii) Imprisonment :–
The Punishment of imprisonment which we have seen today is
totally different from that kind of imprisonment which was awarded in
the past. As some kingdom was awarding the imprisonment by tiding
the culprits with the iron instruments as an animals or put them into the
well after tiding their hands and legs or closed them into darken and
small room etc.

(c) Social Punishment :–

'Social Punishment' is a punishment in which a person is
restrained to make any kind of contract from the other persons or to

30
move him at other places where he has no contact with the other
persons and no person can help him in any manner otherwise he is also
liable for the punishment for it. Social punishment is divided into two
parts :-
(i) Banishment
(ii) Social Boycott

(i) Banishment :–
Generally, ‘Banishment’ means ‘to expel a person’. It is also
known as ‘transportation’. In it, the undesirable criminals were
transport to far off places with a view to eliminate them from their
society. This type of punishment was also in practice at the time of
British India. It was popularly known as ‘kalapani’. At that time, the
dangerous criminals were transport to the remote island abolished in
1955 and replaced by the “Imprisonment for life”.

(ii) Social Boycott :–

Generally, ‘Social Boycott’ means ‘an act of forcing a person
to abstain from any kind of contact with the other persons of the
society’. In ancient period when the Nyaya Panchayat was in full form,
they gave the punishment of social boycott to the offender. In it, no
person of the village will share the ‘hukka pani’ with the offender. It
means the offender is degraded from his caste and no caste member
shares the Hukka i.e., smoking instrument, water and auspicious
occasion of happiness etc. with him. In it, the person is expelled from
the society completely and restrained the other people to make any
kind of contact with such person.

31
(d) Financial Punishment :–
It is also known as imposition of fine. It was the common mode
of punishment which was not serious in nature and it was awarded
specially for the breach of traffic rules, revenue laws and in the minor
offence. It also includes the payment of compensation to the victims of
the crime and also the payment of the costs of prosecution.

(2) Forms of Punishment prevailing in Modern India :–

Although some societies still use the ancient forms of the
punishments but the punishment have also evolved along with the
civilization and become less cruel or harsh. Now, the severity of the
punishment depends on the crime. If the person commits the serious
crime, he shall be liable to be punished with the severe forms of
punishment. In the industrialized societies, the forms of punishment are
either fines or terms of imprisonment or both. The object behind such
punishment seeks to correct unlawful behaviour rather than simply
punish wrongdoers. According to Section 53 of Indian Penal Code,
the principle forms of punishments to which offenders are liable
are as follows:-
(a) Death sentence,
(b) Imprisonment for life,
(c) Imprisonment-
(i) Rigorous imprisonment (with hard labour), or
(ii) Simple imprisonment,
(d) Forfeiture of property, and
(e) Fine.

32
(a) Death sentence (Capital Punishment) :–
As we have already discussed earlier in this chapter that the
‘Capital Punishment’ means ‘the infliction of death by an
authority’. In modern times, capital punishment is the most severe
punishment of all, which is awarded for the severe offence. In modern
times, it is the most debated subject among the modern penologist. It is
not awarded for the small – small offences just like as in ancient
period. It has been awarded only in case of severe offence. As the
society changes, the concept or method of punishment and their
severity also changes. Nowadays the death sentence is awarded only in
‘rarest of the rare case’ under Indian Penal Code, the punishment of
death sentence is in alternative form for the crime. But before 1983, it
was mandatory only for offence prescribed under Section 303 of
Indian Penal Code, which was declared by the Hon’ble Supreme
Court as an unconstitutional as it is violative of Article 14 and 21 of
Constitution of India in the historic case of Mithu V/s State of
Punjab27 So, at present the punishment of death sentence is in
alternative form for every crime.
The following are the offences under the Indian Penal Code, in
which death penalty may be awarded by the court :–

(a) Waging War against the Government of India under Section 121.
(b) Abetment of Mutiny, if Mutiny committed under Section 132.
(c) Giving or Fabricating False Evidence upon which an innocent
person suffers death under Section 194.
(d) Punishment for Murder under Section 302.

27 AIR 1983 SC 473

33
(e) Murder by Life Convict under Section 303, which is declared as
unconstitutional in the case of Mithu v/s State of Punjab28.
(f) Abetment of Suicide of a Minor or an Insane or an Intoxicated
Person under Section 305.
(g) Attempt to Murder by a Person who is under sentence of life
imprisonment, if the hurt is caused under Section 307.
(h) Kidnapping for Ransom etc. under Section 364A.
(i) Dacoity with Murder under Section 396.
(j) Abettor or Conspirator of any of the offences punishable with
Death and that offence is actually committed in consequences of
that abetment under Section 109 and Section 120 B (1) read with
Section 302 of Indian Penal Code.
After the Criminal law (Amendment) Act, 2013 the following
are the offences under Indian Penal Code in which death penalty may
be awarded by the court :-

(a) Punishment for Rape resulting in Death or Permanent Vegetative

State under Section 376A
(b) Punishment for Repeat Offenders of Rape under Section 376E.

Besides Indian Penal Code, there are some other special laws in
which Death penalty may be awarded such as offences under Armed
forces Act, NDPS Act, 1985, Arms Act, 1959, Commission of Sati
Act, 1987 and under the Terrorist Acts, etc.

28 AIR 1983 SC 473

34
(b) Life Imprisonment :–
‘Life Imprisonment’ means ‘a person shall remain in jail for
the rest of his entire life’. It is one of the best alternate to the death
sentence for those offences in which either punishment can be
awarded. There is no fixed term for Life Imprisonment but in case of
the fraction of terms, it should be 20 years as per Section 57 of Indian
Penal Code. The nature of Punishment of Life Imprisonment is
rigorous imprisonment only, it can’t be simple in nature as it also
decided by the Hon’ble Supreme Court in the case of Naib Singh V/s
State29.
In this mode of Punishment, the offender shall remain in jail for
the entire period of his life, only his dead body will come from the Jail,
but due to his good behaviour in the Jail, such sentence may be
commuted by the appropriate Government in any other term of
imprisonment which shall not exceed for the period of 14 years30
Under Indian Penal Code, the punishment of Life Imprisonment
is divided into four categories, which are as follows –

(i) Imprisonment for life is Minimum Punishment:-

There are only three offences under Indian Penal Code, which
are punishable with minimum of “Imprisonment for life and fine”.
These offences are punishable with death, or imprisonment for life, and
shall also be liable to fine. These offences are –

(1) Offence against the State under Section 121;

(2) Murder under Section 302; and
(3) Kidnap for ransom under Section 364A.

29 AIR 1983 SC 855

30 Section 55 of Indian Penal Code read with section 433 of Cr.P.C.

35
(ii) Imprisonment for life is with the option of death sentence and
some specific term of imprisonment :-
There are only Six offences under Indian Penal Code, which are
punishable with “death or imprisonment for life or any term of
imprisonment with fine”, namely-
(1) Abetment of mutiny, if mutiny is committed in
consequence thereof under Section 132;
(2) Giving or fabricating false evidence with intent to procure
conviction of capital offence and if innocent person be
thereby convicted and executed under Section 194;
(3) Abetment of suicide of child or insane person under
Section 305;
(4) Attempts to murder by life convicts under Section 307;
and
(5) Dacoity with murder under Section 396.
(6) Repeated offenders of offences punishable under Section
376, 376A, 376D.

(iii) Imprisonment for life is the sole punishment:-

There is only one offence in Indian Penal Code under Section
311 which states that thug shall be punished with imprisonment for life
and fine, it has mandatory punishable for life imprisonment.

(iv) Imprisonment for life is maximum punishment:-

Besides the abetment and conspiracy there are forty nine
offences for which maximum punishment is “imprisonment for life” in
the option of less imprisonment in term.

36
 Besides Indian Penal Code, the punishment of Life
Imprisonment may be awarded in some other special laws as offence
under Anti Hijacking Act, 1982, Arms Act, 1959, Explosive
Substance Act, 1908, Commission of Sati Act, 1987, S.C. or S.T.
(Prevention of Atrocities) Act, 1989, etc.

(c) Imprisonment :–
According to dictionary meaning, the ‘Imprisonment’ is ‘an
act of putting some one in prison or in Jail as a lawful
punishment’. In other words, it means to put a person behind the bars
because of the offence committed by him. Besides the Life
Imprisonment, the punishment of imprisonment is divided into the
following categories:-
(i) Rigorous Imprisonment
(ii) Simple Imprisonment
(iii) Solitary Confinement.

(i) Rigorous Imprisonment :–

Generally, ‘Rigorous Imprisonment’ means ‘hard labour’. In
Rigorous Imprisonment, the offender is compelled to do hard labour or
hard work in the Jail such as grinding corn, digging earth, drawing
water, cutting fire wood etc. In British era, it meant for the breaking
rocks and making roads etc. But nowadays these kinds of works are not
in practice and the offender who is undergone the Rigorous
Imprisonment, manufactures the clothes, furniture etc and making the
pickle, papad and other food items for which they get the fixed wages.

37
 (ii) Simple Imprisonment:–
In Simple Imprisonment the offender is confined to Jail simply
and he is not compelled to do any kind of work but they can be asked
to work at their own choice with wages.
Every offence which is punishable with the imprisonment also
provides for the description of imprisonment, it may be either rigorous
or simple but where such description has not specialized clearly, then it
depends upon the discretion of the court. It means, in every case in
which an offender is punishable with imprisonment of either
description, the court may direct that such imprisonment shall be
wholly rigorous or wholly simple or partly rigorous and partly
simple31.

(iii) Solitary Confinement :–

‘Solitary Confinement’ means ‘keeping a person isolated
from any kind of contact with the outside world’. It is conflicted
with a view that feeling of loveliness may produce an influence on the
mind of offender and thus reform him. It is that kind of punishment,
which exploits the social nature of the offender and keeps the offender
isolated from any kind of contact with any other person. Due to which
there is a possibility that the offender might realizes his guilt and may
repent.
The Section 73 and 74 of the Indian Penal Code provides for
the solitary confinement, in which Section 73 provides that whenever
any person is convicted of an offence for which the court has power to
sentence him to rigorous imprisonment, the court may order that he

31 Section 60 of Indian Penal Code

38
 shall be kept in solitary confinement for any portion of his
imprisonment which shall not exceed three months in a whole,
according to the following scale–
Sr. No. Terms of Imprisonment Period of Solitary Confinement
1 Upto 6 months 1 month
2 From 6 months to 1 year 2 months
3 Above 1 year 3 months

According to Section 74, the Period of Solitary Confinement shall not

exceed-
(a) 3 months in all,
(b) 14 days at a time with intervals of not less than 14 days, and
(c) 7 days in a month, with intervals of at least 7 days if term of
imprisonment exceeds 3 months. Solitary Confinement can be awarded
by a Magistrate of first class.

(d) Forfeiture of Property :–

According to dictionary meaning the word ‘Forfeiture’ means
‘something that is lost or surrendered as a penalty’ and the word
‘forfeiture of property’ means ‘the loss of property or money
because of a breach of legal obligation’. In other words, it means
involuntary relinquishment of property without compensation as a
consequence of a breach of some legal obligation or the commission of
crime. Forfeiture of Property under Indian Penal Code was provided
for in Section 61 and 62 which were subsequently repealed in 1921,
But at present, these are three Sections in Indian Penal Code which
described about the forfeiture of the property, these are :–
(i) Property used or intended to be used in committing depredations on
the territories of a friendly country (Section 126).

39
(ii) Property received with the knowledge that the same has been taken by
waging war or committing depredations under Sections 125 and 126
respectively (Section 127).
(iii) Property purchased by public servant who is legally prohibited to
purchase or bid for such property (Section 169).

(e) Fine :–
Generally, ‘Fine’ means ‘imposing of monetary liability on an
accused in consequences of the offence committed by him’. There
are some offences which provide fine with imprisonment and some
offences are punishable with the term of imprisonment, or with fine, or
with both and some offences are punishable with the fine only. Where
the amount of fine is prescribed for any offence then the offender is
liable for that amount but where such amount is not prescribed then the
amount of fine depends upon the discretion of the court.

According to Section 63 of Indian Penal Code -

“Where no sum is expressed to which a fine may extend, the
amount of fine to which the offender is liable is unlimited, but shall not
be excessive.”
If the court has sentenced the accused for the payment of fine ,it
shall be paid by him . But if he does not pay the fine, he shall be liable
to the imprisonment in default of payment of fine as per the order of
the court. The provision relating to the imprisonment in default of
payment of fine has been given under Section 64 to 70 of Indian
Penal Code which provides that -
In every case of an offence punishable with imprisonment as
well as fine, in which the offender is sentenced to a fine, whether with
or without imprisonment then in default of payment of the fine, the

40
 offender shall suffer imprisonment for a certain term, which shall not
exceed one-fourth of the term of imprisonment and it is in addition to
the main term of imprisonment.
If the offence be punishable with fine only, the imprisonment
which the Court imposes in default of payment of the fine shall be
simple, and it shall be according to the following table -
Amount of fine The term of imprisonment shall not exceed
Rs. 50 2 Months
Rs. 51-100 4 Months
Above Rs. 100 6 Months

The fine, or any part thereof which remains unpaid may be

levied at any time within six years after the passing of the sentence,
and if, under the sentence, the offender be liable to imprisonment for a
longer period than six years, then at any time previous to the expiration
of the period; and the death of the offender does not discharge from the
liability any property which would, after his death, be legally liable for
his debts.
Besides it, the Section 30 of Cr. P.C. Provides that–
(1) The Court of a Magistrate may award such term of imprisonment in
default of payment of fine as is authorised by law :
Provided that the term -
(a) is not in excess of the powers of the Magistrate under Section
29;
(b) shall not, where imprisonment has been awarded as part of the
substantive sentence, exceed one-fourth of the term of imprison-
-ment which the Magistrate is competent to inflict as punishment
for the offence otherwise than as imprisonment in default of
payment of the fine.

41
(2) The imprisonment awarded under this section may be in addition to a
substantive sentence of imprisonment for the maximum term
awardable by the Magistrate under Section 29.
It means when the accused doesn't pay the fine as ordered by the court,
then the court may award the imprisonment in default of payment of fine,
which shall not exceed 1/4 of the term of imprisonment provided for the
offence. It shall be in addition to a substantive sentence of imprisonment
provided for the offence. It shall not affect the power of the punishment of
the court provided under Section 29 of the Cr. P. C.

There are some other laws which provide the fine for the offence
which is not serious in nature. Some laws provide for exemplary fine for the
Violation of I.T. Act (upto 5 crores) Violation of Copy Rights,
Trademark, Design, N.D.P.S. Act, etc.
Besides the above mode of punishment prevailing in Modern
India, the court may order the accused to furnish security bond for good
behaviour in case of offences which is not serious in nature. The provisions
relating to security bond have been given under Section 106 to 110 of Cr.
P.C., 1973. Although it is not a punishment but it may serve a useful purpose
to restrain a person from committing a crime and to make him a law abiding
citizen. This is better than these who are imprisoned or subjected to
institutional sentence.
All these above mode or method of punishment show that the
method of punishment has changed with change of the society. Nowadays the
mode of punishment become less cruel in comparison with the ancient period.
Now, the severity of punishment depends on the nature of the crime. Only
those people who commit serious offence, shall be liable to be punished with
the severe punishment because now the object of modern penologist and the

42
law makers is to reform the criminals and to deter them from the commission
of crime.

THEORIES OF PUNISHMENT
Sentencing the guilty person is most important, albeit a difficult
chapter in trial. Theories of punishment are many- Reformative, Prevention,
Deterrent, Retributive and Denunciatory. Retributive and Denunciatory
theories have lost their potency in the civilized nations. Deterrent and
Preventive sentence is sometimes necessary in the interest of society. The
modern trend places emphasis on the reformation of an offender and his
rehabilitation. Reformation and not retribution is the sentencing lodestar.32
The following are the theories of the Punishment :-

(1) Retributive theory of Punishment : -

Retribution means something done or given to somebody as
punishment or vengeance for something he or she has done. It is a just
retribution for their crime. This theory says to return the same injury to the
wrongdoer, which he had committed against the victim. It says “tit for tat”.
Retribution is often assimilated to revenge, but a public rather than a private
revenge.
Retributive theory punishes offenders because they are deserving of
punishment. It says to offender "you have caused harm to society, now you
must pay back to society for that harm. You must atone for your misdeeds."
Retribution is probably the oldest goal of criminal punishment. The
Babylonian Code of Hammurbai, dating from the 18th century BC,
contained this principle of equal retaliation. Similarly, the laws of the ancient
Hebrews demanded “an eye for an eye and a tooth for a tooth”. The
corporeal punishments used in England and the American colonies were

32 Saradhakar Sahu v. State of Orissa, 1985 Cr LJ 1591.

43
based on retribution. The Bible states that when one man strikes another and
kills him, he shall be put to death. Whoever strikes a beat and kills, shall
make restitution, life for life, when one injures and disfigures his fellow
countryman, it shall be done to him as he has done; ‘fracture for fracture’ ;
‘eye for eye’ ; ‘ a tooth for tooth’, the injuries and disfigurement that he has
inflicted upon another shall in turn be inflicted upon him.33

(2) Deterrent theory of Punishment :-

Deterrent or deterrence means something that deters somebody or
something, restrain anyone from taking action, to discourage somebody from
taking action or prevent something happening, especially by making people
feel afraid or anxious. In another word it is a ‘warning’, ‘preventive’,
‘restrictive’, ‘restraining’, or ‘limiting’, someone for any particular act. The
word ‘deter’, means ‘abstain from action’, and ‘to deter’ means ‘a variety
of motives may deter anyone from an undertaking’. It also means “the
prudent and fearful are alike easily to be deterred.”
This is also known as Utilitarian Preventive Theory. Utilitarianism
assesses punishments on the basis of the good that punishments do for
individuals or for society.

(3) Prevention Theory of Punishment :-

Prevention means with the purpose of preventing something used or
devised to stop something from happening, or to stop people from doing a
particular thing. Preventive theory punishes the offenders, to prevent the
future crime in the society, by isolating the criminals from society. This
theory believes that, the goal of punishment is restraint. If, a criminal is
confined, executed, or otherwise incapacitated, such punishment will deny

33 Leviticus 24 : 17-22 of the New English Bible.

44
the criminal ability or opportunity to commit further crimes and prevent the
society from that harm.
Preventive philosophy of punishment is based on the proposition “not
to avenge crime but to prevent it”. It presupposes that need for punishment
of crime arises simply out of social necessities. In punishing a criminal, the
community protects itself against anti-social acts, which are endangering
social order in general or person or property of its member.

(4) Reformative Theory of Punishment :-

Another possible goal of punishment is reformation of the offender.
Supporters of reformation seek to prevent crime by providing offenders with
the education and treatment necessary to eliminate criminal tendencies, as
well as the skills to become productive members of society.34
Reformation is synonymous to the word ‘improvement’,
‘modification’, ‘transformation’, ‘alteration’, ‘change’, ‘development’,
‘amendment’. Reform means change and it improves somebody by
correcting faults, removing inconsistencies and abuses, and imposing modern
methods or values or to adopt a more acceptable way of life and mode of
behaviour or persuade or force somebody else to do so. Reformation is the act
of process of reforming somebody especially a general improvement in his
behaviour.
This theory claims that a criminal can be reformed into a good citizen
as law-abider by giving him competent treatment during his imprisonment
period.

34 Article on Criminal Law- Encarta Reference Library 2005.

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(5) Expiation Theory of Punishment (Theory of Restoration):-
The theory of expiation is also known as theory of restoration.
Expiation means “the act of expiating, reparation, amends,
compensation”. It means atoning or suffering punishment for a wrongdoing.
This is not the new concept, if we look towards the epic period. Valia, a
famous dacoit, truned into a sage (Maharishi) Balmiki and wrote the
Ramayan. It is the greatest example of the expiation and reformation.

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