Reformative theory of punishment the object of punishment has been considerably from ba law at national law university, jodhpur. It was found that the students who were awarded corporal punishment on creating a source of friction and showing lack of interest in their academic work. Punishment can be used as a method of reducing the incidence of criminal behavior either by deterring the potential offenders or by incapacitating and preventing them from repeating the offence of by reforming them into lawabiding citizens. The immediate consequence that follows a criminal act is known as punishment. This theory of punishment refers to two different types of deterrence. This theory presumes that the adamant and habitual offender can also be changed into a lawabiding citizen by reformation.
Unlike deterrence theory, an innocent can never be punished. This theory aims at rehabilitating the offender to the norms of the society i. Western ethics theories of punishment for competitive exams. Request pdf theories of punishment with special focus on reformative theory as hobbes said that in the state of nature people were nasty, brutish and their life was short. First, the theory commits us to accepting that in punishing one person in. Deterrence and retributive are examples of classical and nonclassical philosophies. Thirtytwo students of grade x were grouped into a corporal punishment group cpg and a psychological treatment group ptg. Jan 12, 2007 in this article an attempt is made to discuss the policy of sentencing visavis various theories of punishment and their efficacy and effectiveness in the light of modern penology. Reformative and rehabilitative theories of punishment youtube. The progress of civilization has resulted in the change in the theory, method and motive of punishment. Administration of justice theories of punishment 3. This theory is commonly accepted at the present time, because it is in harmony with the humanitarian sentiments of the age. The simplest version of the deterrence theory of punishment, that we may punish offenders to deter other potential offenders, has usually been rejected, for two reasons. Bentham, as the founder of this theory benthams theory was based on a hedonistic conception of man and that man as such would be deterred from crime if punishment were applied swiftly, certainly, and severely.
Role of theories of punishment in the policy of sentencing by. Under the reformative and rehabilitative theory, the accused are provided with such forms of punishment which would reform him and prevent him from committing such crimes. One may commit a crime either because the temptation of the motive is stronger or. But that is the beginning of a new storythe story of the gradual renewal of a man, the story of his gradual. This theory condemns all kinds of corporal punishments. Like a parent is to the child, the state is to the delinquent.
Utilitarian justifications for punishment our first theoretical foray into punishment is the utilitarian perspective. If the sole purpose behind punishment is to cause physical pain to the wrongdoer, it serves little purpose. Since they are backwardlooking, they are not concerned with the possibility of a person committing a crime. In other words, the monetary loss of the sufferer is compensated and the criminal has to compensate for the loss.
This course on the fairness of justice will take you deeper into the world of law. The idea of retribution is perhaps the oldest, but it would be misleading to see it simply as a primitive attitude, diminishing in importance. The punishment system is an integral part of criminal justice and for maintaining social security. Retributive theory is based on rights, desert and justice. Aug 08, 2019 under the reformative and rehabilitative theory, the accused are provided with such forms of punishment which would reform him and prevent him from committing such crimes.
Capital punishment in theory and practice springerlink. The highest punishment awarded under the ipc is capital punishment or death sentence. Reformative theory of india an anlaysis of the need for a. Prison of the time should have a meaning that incorporates the reformative values into it. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being. Deterrent, retributive, preventive and reformative. Society must strongly condemn crime through punishment, but brutal deterrence is a fiendish folly and is kind of a crime by punishment. Doc reformative theory of punishment is more effective. Theories of punishment with special focus on reformative theory.
The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for certain purposes. Punishment is form of social control, where it is awarded for the wrong doers in the society. Theories of punishment, contain generally policies regarding theories of punishment namely. Thus, punishment is defined as suffering, loss, pain, or any other penalty that is. Punishment according to dictionaryinvolves the infliction of pain or forfeiture, it is infliction of penalty. A criminal is the product of the social and economical. The objects of punishment, the needs of criminal justice are considered to be five, namely. Theories of punishment international journal of engineering and. Feb 28, 2017 modern theory of punishment modern theory of punishment is a combination of all the theories discussed above. Punishment means, it is the redress that the commonwealth takes against an offending member 1 punishment is some sort of social censure and not necessarily involving physical pain. A crime is committed as a result of the conflict between the character and the motive of the criminal.
The term crime does not, in modern criminal law, have any simple and universally accepted definition,1 though statutory definitions have been provided for. H kelson in his general theory of law and state described sanction is socially organized consists in a deprivation of possession life, freedom, or property 2 according to jeremy bentham punishment is evil in the form of remedy which operates by fear. These purposes were described in r v swanepoel 1945 ad 444 at 455 as deterrent, preventative, reformative and retributive, in s v rabie 1975 4 sa 855 a at 862 ab reference was made to gordon, criminal law of scotland, 1967 at 50 where it was stated that the retributive theory finds the justification for punishment in a past act, a wrong. Preventive theory law and legal definition uslegal, inc. Role of theories of punishment in the policy of sentencing. The theory of punishment being followed in india with the objective to reform the criminals instead of punishing them is not that effective in. Together they will bolster our justice system, improving public confidence and contributing to reduced crime. The reformative aspect thinks of incorporating humane values into the prison system and the prison officials have to work for the achievement of the same. The modem age seems generally to favour and apply this theory. Theories of punishment with special focus on reformative. Economic punishment, 121 incapacitative punishment, 123 corporal punishment, 124 nineteenth century and early twentieth century 1840s to the 1940s 128 economic sanctions, corporal punishment, incapacitative punishment, 2 socialist china from 1949 to the twenty.
Theories of punishment with special focus on reformative theory neetij rai abstract. Reformative theory law and legal definition the reformative theory of punishment emphasises on reformation of offenders through the method of individualisation. In a classroom the teacher might interrupt a studen. Theory says an offender commits a crime because of some personality defect, or because of psychological factors flowing from his background 1. Indeed, that punishment should be primarily reformative is thought to be the very essence of any approach which can lay claim to being humane, liberal, civilized. In their view, it is the certainty of law and its severity which has a real effect on offenders. Open prison as a part of jail reforms in india ipleaders.
The following theories of punishment explain how and why justice is doled out to those that deserve it. According to this theory, the aim of punishment is to educate or reform the offender himself. The development of the institution of prison is essentially an outcome of the preventive theory of crime. Punishmentretribution, rehabilitation, and deterrence. Reformative schools act, 1897 juvenile justice act, 2000 amended probation offender act, 1958 parole rules reformatory school act, 1897 one of the earliest outcome of the reformatory theory of punishment is reformatory school act, 1897. May 06, 2010 the progress of civilization has resulted in the change in the theory, method and motive of punishment. As hobbes said that in the state of nature people were nasty, brutish and their life was short. The preventive theory is founded on the idea of preventing repetition of crime by disabling the offender through measures such as imprisonment, forfeiture, death punishment and suspension of licence.
Chastisement or castigation by the judicial arm of the state. Though this theory works stupendously for the correction of juveniles and first time criminals, but in the case of hardened criminals this theory may not work with the effectiveness. Reformative theory of india an anlaysis of the need for a revision. An eye for an eye will turn the whole world blind in. In this article an attempt is made to discuss the policy of sentencing visavis various theories of punishment and their efficacy and effectiveness in the light of modern penology.
Some of the legislative provisions, which deal with reformative concept, are as follows. Western ethics theories of punishment for competitive. This approach emphasised on the reformation of offenders by means of clinical approach which was recognised as the cardinal principle of. Reformative theory of punishment the object of punishment has.
In this theory, the behaviour directed at the criminal shows him the consideration due to an individual and not conduct analogous to treatment of object and. One may commit a crime either because the temptation of the motive is stronger or because the restrain imposed by character is weaker. In addition, we will give voice to some major objections to the utilitarian theory. Punishment is inflicted on a criminal in order to reform or educate him. With present, law should according to reality of society and should able to cover gabs of society with education and different psychic theories, reduce production of crime. Theories of punishment with special reference to reformative. This theory justifies capital punishment as an extreme form of punishment because of its determent effect. The concept of penal reform had its birth from the reformative theory of punishment. Preventive theory was supported by utilitarian law reformers because of its humanising influence on penal law. Among the theories of punishments in india we follow reformative theory where in certain cases we follow deterrent theory depending upon the importance of the cases 5.
Positive punishment is often though of as calling out the offender. The utilitarian authors will offer answers to such questions as. Theories of punishment for safe, orderly, peaceful and prosperous society to exist and flourish the following tools of theory are found to be good guides. The purpose of punishment or, more accurately, of the balance of punishment, was much disputed. Mehta school of law discusses open prisons in india.
His views have been summarised in the points below. Reformative theory law and legal definition uslegal, inc. Reformatory theory and contemporary peal provisions. The reformative theory was born out of the positive theory that the focal point of crime is positive thinking. Preventive theory the preventive theory is founded on.
If we get this reform right, stronger, more sensible community sentences will deliver better punishment and better rehabilitation. Reformative theory of punishment pdf download this paper open pdf in browser share email add to. Reformative theory of punishment the object of punishment. According to the reformative theory, the aim of punishment is the improvement of the offender himself. Reformative and rehabilitative theories of punishment. Locke viewed that the people in the state of nature agreed a social contract in order to establish a formal law. Retributivist theory focusses on punishment to only those who deserve it. He should not be used as a means for the good of any other persons. Punishment, whether legal or divine, needs justification. The theory of punishment being followed in india with the objective to reform the criminals instead of punishing them is not that effective in prevention of the occurrence of. Plato is believed to have introduced reformative theory of punishment. Thus, according to this theory, the objective of punishment needs to be reformation by the offender. For punishment to be meted out, a person must be found guilty.