PUNISHMENTS UNDER INDIAN CRIMINAL LAW
Category: Criminal Law
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This article provides various theories of the Punishment like Deterrent Theory , Preventive Theory , Retributive Theory , Reformative Theory , Expitory Theory and Compensatory Theory . This article also talks about the various legal provisions of different statue of Indian Penal Code, Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
KEYWORDS : Punishment, criminal system, Theories
INTRODUCTION
An act or omission becomes an offence only when it is punishable by the state. Punishment makes an act offence. There are various kinds of punishments to which the offender are liable under the Penal Code. Punishments can also imposed under some local and special law. Generally the Code lays down the maximum Punishment that can be imposed for an offense. There are some exceptions to this. The Punishments in a particular case shall, within the maximum limit fixed by the Code , be awarded in the discretion of the Court. Jurist have explained 6 different theories known as Theory of Punishment.
NATURE OF PUNISHMENT
Prof. H.L.A. Hart has defined punishment in following five elements-
It must involve the pain to the victim
The offences must be against the law
Punishment must be formulated the actual Accused
The Punishment must be administered by any other person than the Accused person
The Punishment must be imposed by the a legal authority.
THEORIES OF PUNISHMENTS
Deterrent Theory
The Deterrent Theory of Punishment is to discourage the communication of offences . According to the theory , whenever punishment like death sentence, life imprisonment or imprisonment is awarded ie discourage the offender aw well as the people in the society to commit the offences.
Preventive Theory
It is based on the logic that offender should be kept away from the society or to be presented as a part of society so that other people maintain lawful life. According to the theory a criminal is cancerous to the society. If the criminal not kept away he shall be affect the entire society and people will be influenced to commit crimes.
Retributive Theory
Retributive Theory means to return. This Theory prescribe that an offender should be given with the same pain which the victim sustained due to the commission of a crime , so that he can the same pain as of the victim.
Reformative Theory
Basic object of Reformative Theory is to bring reformation in the minds of the offender. Reformative Theory is regarded as the most accepted theory in all throughout the globe. Laws should be framed in such a manner that the criminals should change their mindset and maintain a lawful life.
Expitory Theory
This Theory believe that the repentance ie the best punishment for crime. When a person repant for his act it should be regarded as the best punishment. Therefore there should be provision be provisions in which criminal shall repant that whatever he has done was improper.
Compensatory Theory
Compensatory Theory is based on the concept that maximum amount would compensation should be recovered from the accused person and they should be paid to the victim.
STATUES
Indian Penal code, 1960
Bharatiya Nyaya Sanhita, 2023
Bharatiya Nyaya
LEGAL PROVISIONS
Section 49 of BNS corresponding to Section 109 of IPC which states that offender shall get some punishment as of the offender , so where an offense is committed which is punishable with death , the abttor of such offence shall also be punished with death.
Section 61 of BNS corresponding to section 120( B)of IPC which describes the punishment for criminal conspiracy to commit offences punishable with death. , life imprisonment or imprisonment exceeding two years .
Section 64 of BNS corresponding to section which provides the punishment for rape which shall be punished with rigorous imprisonment for a term which shall not be less than 10 years , but may extend to imprisonment for life and shall also be liable to find.
Section 103 of BNS corresponding to section which provides the punishment for Murder shall be imprisoned for death or imprisonment for life and shall also be liable to fine
Section 22 of BNSS corresponding to section 29 of Crpc death sentence can only be awarded by the High Court and session Court.
Section 393 (5) of BNSS corresponding to section 415 of Crpc states that death sentence is executed by hanging the offender by his neck till his death.
AMENDMENTS
The bill has amended the Indian penal code of 1860 to minmum punishment for rape of women from seven years to ten years.
The bill has also amended that the The offences of rape and gang rape for the agr of 12 years which will be imprisoned for twenty years and may be extended to life imprisonment or death.
The bill has amended that the rape of a girl below 16 years will be punishable imprisonment of twenty years or life imprisonment.
The Bill has amended the IPC in which it was said to increase the punishment of rape . However there is no change for the rape of boys.
The bill also imposed that death penalty should be imposed for the girls below 12 years .
Jagmohan Singh vs State of Uttar Pradesh
This is a landmark judgement which has rested the Constitutional validity of death sentence. The court has ruled that the death sentence is not violative of Fundamental rights guaranteed under Article 21 of the Indian constitution.
Bachan Singh vs State of Punjab
This is a landmark judgement in which it was held that constitutionally valid but it can awarded only in the rarest of rare case and not generally. It can be set a wrong example in society.
CONCLUSION
To conclude, Punishment in the Indian criminal system comprises of many theories which are given by many scholars and some are accepted and some are not acceptable by the society. The main aim of the Punishment is to punish the offenders and also create fear in the minds of the people who are planning to do any offence. The method of Punishments are changing every day . Many people including the students and many jurist are coming with many new laws and ideas related to the punishment. For better achieving the goal of the Punishment must be achieved by Constitutional norms and education in the society.
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WRITTEN BY: PRATISKHA SWAIN
GUIDED BY: ADVOCATE ANIK
