Purpose of punishment: theory of Punishment
There are two aspects of punishments; it can be regarded as a method of protecting society by reducing
the occurrence of criminal behavior, or it can be regarded as an end of itself. Punishment can protect
society by deterring potential offenders, by preventing the actual offender from committing further
offences and by turning and reforming him into a law abiding citizens. Various theories of punishment
have been propounded to justify the ends of criminal justice and punishment. They are as follows:
1. Deterrence;
2. Preventive;
3. Reformative ;
4. Retributive;
5. Compensation
1. Deterrence Theory
According to the deterrent theory, the evil-doer should be given such a punishment that he becomes
the example and warning to others that might similar feel inclined to deviate from the straight path of
duty. Here the punishment should serve as a warning to others and hardened a criminal, the serve
should be his punishment. Deterrence theory justifies exemplary punishment because it not only
dissuades the offender from repeating the crime but also deters others from indulging in criminal
activities.
It has been said that deterrent theory has been ineffective in restricting crimes. The argument put
forward against this theory is that the fear inspired even by the most terrifying of punishments will be
blunted by long familiarity mode of punishment.
2. Preventive Theory of punishment
The preventive theory is based on the idea preventing repetition of crime by disabling the offender
through measures such as imprisonment, death sentence etc. The objective of punishment according to
preventive theory is to deprive the offender, either temporarily or permanently, of the power to repeat
the offense. Death punishment is the most effective mode of preventing offences but an offender but it
awarded only in those offences which are of very grave nature, such as murder or treason. In this case
the repetition of the offense would be highly dangerous.
In modern times, certain other preventive measures have been adopted in various offences such,
forfeiture, suspension or cancellation of license etc.
3. Reformative/Rehabilitation Theory of punishment
According to reformative theory, punishment should serve a means of social education. It emphasizes
on reformation of criminals through the method of individualization. It says that offences are committed
under the influence of motive upon character. Therefore, they can be checked either by a change of
motive or by a change of character. According to this theory, crime is the result of a disease and the
criminal is patient who should be given proper treatment. The legitimate purpose of punishment
according to this theory is to reform the character of wrongdoer so that he will desire to do what is right
instead of yearning to do what is wrong.
According to Salmond, reformative element in punishment is important and should not be overlooked
but at the same time it should not be allowed to assume undue importance. He says that crime cannot
be treated purely as a disease.
4. Theory of Retributive
The retributive aspect of punishment was accorded exclusive recognition in ancient penology. “an eye
for an eye and a tooth for a tooth” is the maxim on which primitive society proceeds. This theory
involves two conceptions:
i.
ii.
That punishment is an end in itself, and;
That the primary justification of punishment is found in the fact that an offence has been
committed and not in any future advantages to be gained by its infliction , whether for society
or for the offender as an individual
Kant and Plato are the main exponents of this theory. Kant gave and illustration for this theory:
“Even if communities of citizens dissolve with the consent of every member, they must first execute
the last murderer in the prism so that everyone gets what is his due according to his deeds”.
5. Compensation Theory
According to theory of compensation, the object of punishment must not be merely to prevent further
crime but also to compensate the victims of the crime. According to Dr. Sethna , “ the main spring of
criminality is greed, and if the offender is made to return the ill-gotten benefits of the crime, the spring of
the criminality would be dried up”