Exploring The Theories Of Crime And Punishment Of Offenders

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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 control penalty protects them, penalty remains awake when people are asleep, so the wise have regarded punishment as a dharma or source of righteousness”.1 As long as societies exists the problems of crimes and criminal exist. The concept of crimes seems to have always been changing with the variation in social condition during the evolutionary stage of human society. Similarly, the concept of punishment to check people from committing crime has been changing. Though opinions may differ as regards ---------------- 1. Manu 7/8, as quoted by Sen P.N.in his book General principles of Hindu Jurisprudence (1984) at 354 Punishment of offenders varying from age-old traditionalism to recent modernism, roughly speaking four type of views can be distinctly found them as ‘theories of punishment’ which have expressed, what should be the society’s attitude towards a criminal, should be regarded as a nuisance to be abated, or a patient to be treated, or a refractory child to be disciplines or should he be regarded as none of these things, but simply an example through which it can be demonstrated to others that anti social conduct does not pay?
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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 in Socity.2 The origin and the evaluation of the system of punishment from the earliest time enable us to assess the adequacy of modern penal system. In primitive societies the concept of law and order was not known and men settled disputes through personal vengeance such as dual blood feuds and reparations etc. Thus in early societies the basis of punishment was retribution and vengeance. Later the

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