CHAPTER I
INTRODUCTION Crime and criminals are looked upon with hatred by all
Sections of the people in a society since the early years of civilization, study and research of the law of crimes had always been an attractive branch of jurisprudence. Whenever people organized themselves into groups the rules to regulate the behavior of the members of that group has been felt. And where there are rules its infractions is inevitable and there lies the necessity to devise ways to curb such tendencies by imposition of penalty. The state may impose punishment for preserving peace in the society and promoting good behavior towards each other. Punishment is essential to ensure the protection of peoples. Manu says- “Penalty keeps the people under …show more content…
These theories of punishments are deterrent theory, Retributive theory, preventive theory and Reformative theory. The deterrent punishment presupposed infliction of severe penalties on offenders with a view to deter them from committing a crime. The deterrent theory also seeks to create some kind of fear in the mind of others by providing adequate penalties and exemplary punishment to offenders which keeps them away from criminality. While deterrent theory considered punishment as a means of attaining social security, the retributive theory treated it as an end in itself and suggests that evils should be returned for evil without any regard to consequences. The preventive philosophy of punishment is based on the preposition, not to avenge crime but prevent it. The reformative theory implies that the offender, while punishment by detention is put to educative, healthy and ameliorative influences. He should be re-educated and his character triats should be reshaped. This theory brought about a radical change in criminological thinking. It therefore followed that punishment should not be regarded as an end in itself but only as a means the ends being the social security and rehabilitation of the offender
INTRODUCTION Crime and criminals are looked upon with hatred by all
Sections of the people in a society since the early years of civilization, study and research of the law of crimes had always been an attractive branch of jurisprudence. Whenever people organized themselves into groups the rules to regulate the behavior of the members of that group has been felt. And where there are rules its infractions is inevitable and there lies the necessity to devise ways to curb such tendencies by imposition of penalty. The state may impose punishment for preserving peace in the society and promoting good behavior towards each other. Punishment is essential to ensure the protection of peoples. Manu says- “Penalty keeps the people under …show more content…
These theories of punishments are deterrent theory, Retributive theory, preventive theory and Reformative theory. The deterrent punishment presupposed infliction of severe penalties on offenders with a view to deter them from committing a crime. The deterrent theory also seeks to create some kind of fear in the mind of others by providing adequate penalties and exemplary punishment to offenders which keeps them away from criminality. While deterrent theory considered punishment as a means of attaining social security, the retributive theory treated it as an end in itself and suggests that evils should be returned for evil without any regard to consequences. The preventive philosophy of punishment is based on the preposition, not to avenge crime but prevent it. The reformative theory implies that the offender, while punishment by detention is put to educative, healthy and ameliorative influences. He should be re-educated and his character triats should be reshaped. This theory brought about a radical change in criminological thinking. It therefore followed that punishment should not be regarded as an end in itself but only as a means the ends being the social security and rehabilitation of the offender