Theories of Punishment
Theories of Punishment
Theories of Punishment
Criminal Law-I
ADAM KHAN
01-177181-055
THEORIES OF PUNISHMENT
individual, meted out by an authority—in contexts ranging from child discipline to criminal
law—as a response and deterrent to a particular action or behavior that is deemed undesirable
or unacceptable. There are different kinds of punishment that a person can face. There are
deterrent theory
retributive theory
preventive theory
reformative theory
Deterrent Theory
There are two theories in which this theory can be divided further. They are specific
In specific deterrence, punishment is designed such that it can educate the criminals.
Thus, this can reform the criminals that are subjected to this theory. Also, it is
maintained that the punishment reforms the criminals. This is done by creating a fear
an example of each defendant. Thus, it frightens the citizens to not do what the
defendant did.
Retributive theory
The retributive theory focuses on the crime itself as the reason for imposing punishment.
Where the utilitarian theory looks forward by basing punishment on social benefits, the
retributive theory looks backward at the transgression as the basis for punishment.
According to the retributivist, human beings have free will and are capable of making rational
However, a person who makes a conscious choice to upset the balance of society should be
punished. retribution against a wrongdoer is justified to protect the legitimate rights of both
society and the offender. Society shows its respect for the free will of the wrongdoer through
punishment. Punishment shows respect for the wrongdoer because it allows an offender to
pay the debt to society and then return to society, theoretically free of guilt and stigma.
Preventive Theory
This theory has used a restraint that an offender if repeats the criminal act is culpable for death,
exile or imprisonment. The theory gets its importance from the notion that society must be
protected from criminals. Thus, the punishment here is for solidarity and defense.
The modern criminologists saw the preventive theory from a different view. They first realized
that the social and economic forces should be removed from society. Also, one must pay
attention to individuals who show anti-social behavior. This is because of psychological and
biological handicaps.
Reformative Theory
Deterrence and retributive are examples of classical and non-classical philosophies. The
reformative theory was born out of the positive theory that the focal point of crime is positive
thinking. Thus, according to this theory, the objective of punishment needs to be reformation by
the offender.
So, this is not a punishment virtually but rather a rehabilitative process. Thus, this process helps
in making a criminal a good citizen as much as possible. Furthermore, it makes the citizen a