Theories of Punishment:-
In criminal law, the following theories are prevalent to clarify the purpose of punishment:
1) Retributive Theory
2) Expiatory Theory
3) Deterrent Theory
4) Preventive Theory
5) Reformative Theory
Retributive Theory:-
This theory is based on the principle of revenge.
It originated from the ancient notion of retaliation against the offender. Punishment under this theory satisfies the victim’s sense of revenge. In earlier times, victims had the right to take revenge for the harm caused to them. The concept of ‘an eye for an eye‘ and ‘a tooth for a tooth’ existed, but gradually evolved to state punishment based on the gravity of the crime.
According to Kant, punishment should be retributive because a bad act deserves a penalty.
Expiatory Theory:-
Unique to Hindu jurisprudence, this theory hasn’t been accepted by Western countries. According to it, punishment is a form of penance that purifies the offender.
Manu stated that once punished by the king, offenders are purified and reach heaven. In modern times, it is partially accepted and considered a subset of the retributive theory.
Deterrent Theory:-
This theory aims to deter both the offender and potential offenders by instilling fear. Punishment serves as an example to others. It works in two ways: creating fear in the offender and warning others.
According to Bentham, the pain of punishment must outweigh the pleasure derived from the crime.
Preventive Theory:-
This theory focuses on crime prevention rather than revenge. It suggests that punishment is necessary to protect society from harmful elements.
Thinkers like Bentham and John Stuart Mill support this view. The emergence of prison systems is rooted in this theory, aiming to isolate offenders and prevent further crimes.
Reformative Theory:-
With changes over time, reformative theory evolved, recognizing that harsh punishments failed to prevent crimes effectively. Instead of physical pain, this theory focuses on rehabilitating the offender. The goal is to reform the criminal’s mindset and reintegrate them into society.
As Gandhi said, ‘Hate the sin, not the sinner.’ However, some critics argue that not all criminals can be reformed, and for some, jail becomes a haven rather than a deterrent.
Theory of Punishment in India:-
In India, both preventive and reformative theories are adopted. The justice system aims not only to deter and punish but also to rehabilitate offenders for reintegration into society.