KSLU Corner™ New AIBE previous QP

theories of punishment

English · Jurisprudence and interpretation

Meaning. The justifications offered for punishing offenders: deterrent, retributive, preventive, reformative and expiatory theories.

The deterrent theory punishes to discourage the offender and others from committing crimes. The retributive theory says the offender deserves to suffer in proportion to the wrong. The preventive theory disables the offender from repeating the crime (imprisonment, death). The reformative theory treats crime as a social or personal failing and aims to rehabilitate the offender (probation, parole, open prisons). The expiatory theory sees punishment as atonement.

Indian law combines them: the BNS keeps deterrent and preventive punishments, while the Probation of Offenders Act, 1958, juvenile justice law and the new punishment of community service reflect the reformative theory. Courts consider reformation when deciding on death sentences (Bachan Singh).

Example

Releasing a first offender on probation reflects the reformative rather than the deterrent of the theories of punishment.

In Indian law

  • Section 4, Bharatiya Nyaya Sanhita, 2023 (punishments, including community service); Probation of Offenders Act, 1958

See also

punishment · probation · restorative justice · sentence

Read more in the study notes

← Back to the dictionary