A PROJECT

ON

KINDS OF PUNISHMENTS - A STUDY

[Submitted as a partial fulfilment of the requirements for B.A.L.L.B. (Hons.) 5 Year

Integrated Course]

Session: - 2019-20

Submitted On:-

24/ O2 / 2020

Submitted By: - Submitted To: -

PROF.(DR.)RADHA GUPTA
RAVI PRAKASH ARYA
PROFESSOR
ROLL NO:- 53
UFYLC
SEMESTER:- VI, A

University Five Year Law College, University of Rajasthan,

Jaipur
 CERTIFICATE

DATE: 24/02/2020
PROF.(DR.)RADHA GUPTA
PROFESSOR
University Five Year Law College
University of Rajasthan,
Jaipur

This is to certify that Mr. RAVI PRAKASH ARYA student of semester VI, sec. A has
carried out project titled ‘KINDS OF PUNISHMENTS-A STUDY’ under my
supervision. It is an investigation report of a minor research project. The student has
completed research work in stipulated time and according to the norms prescribed for
the purpose.

Supervisor
 DECLARATION OF ORIGINALITY

I, RAVI PRAKASH ARYA , hereby declare that this project titled “KINDS OF
PUNISHMENTS-A STUDY” is based on the original research work carried out by me under the
guidance and supervision of “PROF.(DR.)RADHA GUPTA”.The interpretations put forth are
based on my reading and understanding of the original texts. The books, articles, websites etc. which have
been relied upon by me have been duly acknowledged at the respective places in text.

For the present project which I am submitting to the university, no degree or diploma has
been conferred on me before, either in this or any other university.

SIGNATURE
DATE:- 24/02/2020
 ACKNOWLEDGEMENT

I have written this project “KINDS OF PUNISHMENTS-A STUDY” under the supervision
of PROF. (DR.) RADHA GUPTA Her valuable suggestions herein have not only helped
me immensely in making this project but also in developing an analytical approach to this
work.

I would like to express my sense of gratitude for Director, Dr.SanjulaThanvi and Deputy
Directors Mrs. Preeti Joshi & Mr. AbhishekTiwari for constant encouragement at every
step.

I am extremely grateful to the library staff and the librarian of the college for the support and

Cooperation extended by them from time to time.

RAVI PRAKASH ARYA

 TABLE OF CONTENT

CERTIFICATE

DECLARATION OF ORIGINALITY

ACKNOWLEDGEMENT

INTRODUCTION

CHAPTER 1
PUNISHMENT

CHAPTER 2
PUNISHMENT UNDER IPC
2.1 ORIGIN OF PUNISHMENT

CHAPTER 3
THEORIES OF PUNISHMENT

CONCLUSION

BIBLIOGRAPHY
 INTRODUCTION

The term has been derived from the Latin term ‘interpretari’, which means to explain, expound,
understand, or to translate. Interpretation is the process of explaining, expounding and translating
any text or anything in written form. This basically involves an act of discovering the true
meaning of the language which has been used in the statute. Various sources used are only
limited to explore the written text and clarify what exactly has been indicated by the words used
in the written text or the statutes.

Interpretation of statutes is the correct understanding of the law. This process is commonly
adopted by the courts for determining the exact intention of the legislature. Because the objective
of the court is not only merely to read the law but is also to apply it in a meaningful manner to
suit from case to case. It is also used for ascertaining the actual connotation of any Act or
document with the actual intention of the legislature.

There can be mischief in the statute which is required to be cured, and this can be done by
applying various norms and theories of interpretation which might go against the literal meaning
at times. The purpose behind interpretation is to clarify the meaning of the words used in the
statutes which might not be that clear.

According to Salmond, “Interpretation” is the process by which the court seeks to ascertain the
meaning of the legislature through the medium of authoritative forms in which it is expressed.

 Construction: meaning

In simple words, construction is the process of drawing conclusions of the subjects which are
beyond the direct expression of the text. The courts draw findings after analysing the meaning of
the words used in the text or the statutes. This process is known as legal exposition. There are a
certain set of facts pending before the court and construction is the application of the conclusion
of these facts.
The objective is to assist the judicial body in determining the real intention of the legislature. Its
aim is also to ascertain the legal effect of the legal text.1

 Difference between Interpretation and Construction

Interpretation Construction

1. In law, interpretation refers to

exposing the true sense of the
provisions of the statutes and to
understand the exact meaning of the
words used in any text.
2. Interpretation refers to the linguistic
meaning of the legal text.
3. In the case where the simple
meaning of the text is to be adopted
then the concept of interpretation is
being referred to.
1. Construction, on the other hand, refers
to drawing conclusions from the
written texts which are beyond the
outright expression of the legal text.
2. The purpose of construction is to
determine the legal effect of words and
the written text of the statute.
3. In the case where the literal meaning of
the legal text results in ambiguity then
the concept of construction is adopted.

1
Subodh Asthaha, Interpretation of Statutes and its Rules, iPleaders, Accessed on 22nd Feb, 2020
https://blog.ipleaders.in/rules-interpretation-statutes/#Interpretation_meaning
 CHAPTER 1
PUNISHMENT

What is PUNISHMENT ?
In criminal law, any pain, penalty, suffering, or confinement inflicted upon a person by the
authority of the law and the judgment ad sentence of a court, for some crime or offense
committed by him, or for his omission of a duty enjoined by law. Punishment is the authoritative
imposition of an undesirable or unpleasant outcome upon an individual or group by law
enforcement, in response to behaviour that an authority deems unacceptable or a violation of
some norm. The unpleasant imposition may include a fine, penalty, or confinement, or be the
removal or denial of something pleasant or desirable. The individual may be a person, or even an
animal. The authority may be either a group or a single person, and punishment may be carried
out formally under a system of law or informally in other kinds of social settings such as within a
family. Negative consequences that are not authorised or that are administered without a breach
of rules are not considered to be punishment as defined here. The study and practice of the
punishment of crimes, particularly as it applies to imprisonment, is called penologyi, or, often in
modern texts, corrections; in this context, the punishment process is euphemistically called
"correctional process". Research into punishment often includes similar research into prevention.
Fundamental justifications or alternatives to punishment include: retribution, deterrence,
rehabilitation, and incapacitations. The last could include such measures as isolation, in order to
prevent the wrongdoer's having contact with potential victims, or the removal of a hand in order
to make theft more difficult.Of the four justifications, only retribution is part of the definition of
punishment and none of the other justifications is a guaranteed outcome, aside from obvious
exceptions such as an executed man being incapacitated with regard to further crimes.
The Penal Law of India is the resource of definitions and descriptions of substantive offences. It
consists of 511 sections specifying different kinds of offences. This are concerned because some
other punishments may be imposed under some .Local and special law. These punishments are
applicable to offences under this code only. Generally the code lays down the section is not
exhaustive in so far as the kinds of punishments For these massive number of offence. There are
some exception to this. The punishments in a particular case shall, within the maximum limits
fixed by the code, be awarded in type discretion of the court. But the discretion should exhibit
that a reasonable proportion has been maintained between the seriousness of the crime and the
punishments imposed. The sentence should neither be disproportionately severe nor should it be
too lenient so as to fail to serve it’s purpose in producing effect on the offender and as an eye
opener to others .
Considering various aspects of the case and the mitigation circumstances present, if any, the
court can reduce the quantum of punishments. In state of Punjab
v Mann Singh it was held that it was the duty of the court in every case to award a proper
sentence having regard to the nature of the offence, the manner in which it was committed and to
all the attendant circumstances.
While passing sentence the court has to consider the totality of factors bearing on the offence and
the offender and award a punishment which will promote effectively the punitive objective of the
law deterrence and habilitation. Sentencing is always a matter of judicial discretion subject to
any mandatory minimum prescribed by law.
The punishment prescribed are mainly 5 in numbers. Every offences describes the punishment
also. But in general the division is provided under Section 53 of IPC. They are as follows:
The punishments to which offenders are liable under the provisions of this Code are-
1. Death;
2. Imprisonment for life
3. Imprisonment both rigorous and simple
4. Forfeiture of property
5. Fine2

2
https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/punishment-under-ipc-all-you-need-to-know-
about-
it/amp/?amp_js_v=a2&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=15826257706658&referrer=https%3
A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&ampshare=https%3A%2F%2Fblog.ipleaders.in%2Fp
unishment-under-ipc-all-you-need-to-know-about-it%2F
 CHAPTER 2
PUNISHMENTS IN IPC

1) Death Penalty
Capital punishment is generally resorted to in serious offences like murder. According to one
view it is morally excluded and according to other a moral necessity. But the central question
relates to the efficacy of death penalty in protesting human life. In the beginning the death
penalty rested primarily upon the effort to placate the gods. The complete blotting out of the
culprit was a practical demonstration of group disapproval of the particular type of antisocial
conduct. Later with the rise of the metaphysical theories of human conduct, the individual came
to be looked upon as a moral agent capable of free choice in every aspect of his conduct,
irrespective of biological the heredity or social environment. On these assumption the criminal
was inevitable regarded as a perverse free moral agent, who refused to think right and who had
wilfully wronged the social group and the gods. This was revenge theory.
It serves as a unique deterrent to professional criminals who are aware of the existence and
horrors of the painful mode of treating criminals. Death penalty is far more powerful and
effective than any other punishments. It is a good way of retribution also.
It was held in Kishori lal v State of Delhi that capital punishment can be imposed in the rarest of
the rare cases and if there are any aggravating circumstances such as the accused having any
criminal record in the past, the manner of the committing the crime, delay in imposing the
sentence and so on. In this case the riot brokeout in Delhi after assassination of PM Indira
Gandhi and her death appears to be the symbol or web around which the violent emotions were
released. Experts in criminology often express that when there is a collective action, as in the
case of mob, there is a diminished individual responsibility unless there are special
circumstances to indicate that a particular individual had acted with any predetermination such as
by use of a weapon not normally found.
In every case in which sentence of death shall be passed, the appropriate government may,
without the consent of the offender, commute the punishment for any other punishment provided
by this code.
It is the most grave penalty imposed by IPC. Many sections still prescribe the punishment of
death. Some of them are as follows:
(a) Offence under Section 194
(b) Offence of murder for which punishment of death or imprisonment of life is prescribed under
Section 302.
(c) Offence of murder committed by life convict as described in Section 303. Mithu v State of
Punjab
(d) Offence of abetting suicide of child or insane person as mentioned in Section 305 IPC (e) In
Section 307 when a life convict attempts to murder and hurt is caused Death Sentence may be
imposed.
(f) Kidnapping for ransom as described under Section 364A
(g) If any one of five or more persons who are conjointly committing dacoity, commits murder in
so committing dacoity, every one of those persons shall be punished with death along with other
alternative punishments.
In Bachan Singh v. State of Punjab[AIR 1980 SC 898] hon'ble Supreme Court of India held that
death sentence is to be given only in rarest of rare cases.

(2) Life Imprisonment

It is the most popular type of sentence after death penalty. In most serious offences this type of
punishment is prescribed. Wherever death penalty is prescribed, life imprisonment also finds a
place as an alternative punishment. It means imprisonment for life means imprisonment for
whole of the remaining period of the convicted persons natural life. There is no fixed time
decided because nobody can identify calculate and manipulate one’s life. It is a impossible work
for an astrologer’s also. The sentence for life imprisonment is the imprisonment for the indefinite
period and duration

A life sentence does not automatically expire at the end of twenty years. The state, the prisoner
has been convicted and sentenced ,alone has power to remit the sentence. In Bishon Singh v
State of Punjab the court held that if the case can not be termed as a rarest of the rarest that death
sentence can be commuted to life imprisonment. Where a person commits a heinous crime like
murder because of very special circumstances like poverty, he can not be given death sentence.
Life imprisonment can’t be treated as the 14 years or 20 years. It is always given with rigours
and hard labour. It can be reckoned as of 20 years as purpose of remission of punishment .
As there is hue and cry regarding imposing of death penalty, in appropriate cases Courts impose
life imprisonment as a safe method. Some sections which impose Life Imprisonment as a penalty
are : Sections 194, 255, 304, 304(B), 305 and many more.

(3) Imprisonment both rigorous and simple

Rigorous imprisonment is of such type where the convict will have to do hard labour. In many
offences the period of imprisonment varies. In simple imprisonment also the term of
imprisonment varies according to offences. Hard labour imposed on the proved offenders will
have a detterrant effect against others from committing crimes adn thus society would, to that
extent, be protected from perpetrating crimes by others. Reformation is now the dominant
objective of the punishment. Hence an assurance to a prisoner that this hard work would
eventually would help him to get stripped of the moroseness and desperation in his mind while
toiling with rigours labour during the period of jail life.
Prisoner should be paid equitable wages for the work done by them. In order to determine the
quantum of equitable wages for the prisoners the state has fixed a fixation body for making
recommendations.
And under simple imprisonment there is no such hard and rigours labour. This is given to those
convicted criminals which are convicted for the crime of lower degree. In this in place of that
very simple works are given to the prisoners like cutting of vegetables , making of accounts
,other documentary and paper works.

(4) Forfeiture of Property

Imprisonment in default of fine does not liberate the offender from his liability to pay the full
amount of the fine imposed on him. The offender is not permitted to choose whether he will
suffer the sentence of imprisonment or pay the fine. The only effect of his person shall cease to
be answerable for the fine. But his property shall not be absolved i.e. the fine can be satisfied
from his property. The period of limitation for realisation of fine shall ordinarily be six years.
The death of the offender does not extinguish any liability for fine. It can be recovered from any
property , which would after his death ,be legally liable for his debts. To levy means to seize for
the purpose of collecting the fine or to enforce execution for a certain sum. It does not mean
actual realisation.
Forfeiture of property is not very common in IPC. Section 61 which specified sentence of
forfeiture of property has been repealed by Indian Penal Code (Amendment) Act, 1921. In the
present IPC three sections viz 126, 127 and 129 describes forfeiture of property.

(5) Fine
It is different from that of compensation as compensation goes to the plaintiff where as fine goes
to the sate as simple as that. Where no sum is expressed it should not be excessive although there
is no certain defined limit given but it should not be exceesive. This is only permissive and not
imperative in character.
IPC prescribes fine as a penalty both independent and along with other penalties. The amount of
fine varies with offences. Section 63 says that where no sum is expressed to which a fine may
extend, the amount of fine to which the offender is
liable is unlimited, but shall not be excessive. Sentence for non-payment of fine is also dealt with
in IPC[Sec.64].Thus there are various penalties as discussed above which are imposed differently
in different offences. The term, nature, amount etc varies in each cases and offences and also
according to Courts.

2.1 PUNISHMENTS NOT PART OF IPC:-

Although there are different different type of punishments under IPC but there are few other type
of punishment which were previously proposed but not accepted and not a part of IPC. Some of
them are as follows-:
Public Censure
It was prevalent in previous times. It was like defaming someone in front of huge masses just to
make ashame to the offender of the crime which he has committed. It creates a fear of shame and
blot spot on one’s name and reputation. It is given to send a message to others and create a fear
so that nobody should dare to do it again.It is like a creating and giving a lesson for others. For
example balding of head in public, painting the black colour on the face, making the ride on
donkey etc.
Community Service
It was like reforming a person by involving the convicted person in social activities which lead to
reformation and recreation of that person’s mind and soul. Making him to work in orphanage,
involving him in religious institution and activities. Working in a reformatory. It provides a way
to the convicted that he can show his feeling of regret of the offence which has committed. It’s
an effort to restore a man to society as a better and wiser man as a good citizen. It makes the
criminals harmless. Work on the criteria of that man is not born criminal.

Externment
It involves the practice of barring of convicted person from his place to very far so that he can
not be capable of commit crime as it wll not provide a favourable and identified atmosphere for
him. In common language it is known as tadipaar 3.

Compensation
It is a type compensatory punishments. It is aimed at providing helping aid, welfare and relief to
the plaintiff. It’s like whatever loss you have suffered due to the offence committed by the
convicted should be recovered by or from the convicted himself. Because sometimes just by
giving punishment doesn’t provide any comfort to the plaintiff 4.

3
http://www.legalserviceindia.com/articles/pun_theo.htm
4
https://shodhganga.inflibnet.ac.in/bitstream/10603/127654/14/09_chapter%202.pdf
2.2 ORIGIN OF THE PUNISHMENT:-

It is impossible to trace the origin of punishment. It appears to be a well-developed social

institution in the most primitive societies and at the dawn of known history. Much speculation
has been made as to its origin, but in the main rather narrow definitions have tended to justify
special concepts. The following is an example: "Punishment is an evil inflicted upon a
wrongdoer, as a wrongdoer, on behalf, and at the discretion of society in its corporate capacity,
of which he is a permanent, or temporary, member." It would exclude the punishment of
captured enemies and animals. The theory that punishment is the outgrowth of private vengeance
is supported by overwhelming authority. Mac-Dougal defines it as "the binary compound of
anger and positive self feeling." Let us go to the simplest sources for information. If I step on my
dog accidentally, even though he is ordinarily very friendly, he may bite me. This, I take it, is an
instinctive act, almost reflex in character. It is certainly a defense mechanism and is, perhaps,
akin to punishment. Bees ferociously attack any foreign intruder and even destroy it. This may
be akin to punishment; it is certainly social defense. Whether it is retaliation or not is difficult to
say. Wherever human beings have charge of animals there is a 'ruthless insistence upon
obedience to a conventional conduct pattern. Any variation from the prescribed conduct is
annoying and irritating and results in savage retaliation. In the government of children, failure to
adopt the prescribed mode of conduct annoys and irritates us and often leads to violent attacks
for the purpose of inflicting punishment. Here it has been necessary to pass laws and to organize
societies to protect children from the brutality of their parents and others in the name of
punishment5.

5
https://www.legalbites.in/history-of-punishment/
 CHAPTER 3

THEORIES OF PUNISHMENT –

The different theories of Punishment are as follows –

A) DETERRENT THEORY
The term “Deter” means to abstain from doing an act. The main purpose of this theory is to deter
(prevent) the criminals from doing the crime or repeating the same crime in future. Under this
theory, severe punishments are inflicted upon the offender so that he abstains from committing a
crime in future and it would also be a lesson to the other members of the society, as to what can
be the consequences of committing a crime. This theory has proved effective, even though it has
certain defects.

B) RETRIBUTIVE THEORY
This theory of punishment is based on the principle- “An eye for an eye, a tooth for a tooth”.
Retribute means to give in turn. The object of this theory is to make the criminal realize the
suffering of the pain by
subjecting him to the same kind of pain as he had inflicted on the victim. This theory aims at
taking a revenge rather than social welfare and transformation.
This theory has not been supported by the Criminologists, Penologists and Sociologists as they
feel that this theory is brutal and babric.

C) PREVENTIVE THEORY –
This theory too aims to prevent the crime rather than avenging it. As per this theory, the idea is
to keep the offender away from the society. This criminal under this theory is punished with
death, life imprisonment etc. This theory has been criticized by some jurists.

D) REFORMATIVE THEORY –
This theory is the most humane of all the theories which aims to reform the legal offenders by
individual treatment. The idea behind this theory is that no one is a born Criminal and criminals
are also humans. Under this theory, it is believed that if the criminals are trained and educated,
they can be transformed into law abiding citizens. This theory has been proved to be successful
and accepted by many jurists.

E) EXPIATORY THEORY –
Under this theory, it is believed that if the offender expiates or repents and realizes his mistake,
he must be forgiven6.

6
http://www.legalserviceindia.com/articles/pun_theo.htm
 CONCLUSION

Punishment Is The Way Of Creating The Feeling Of Guilt In The Mind Of The Accused Person.
It Is Given To Create Fear In The Mind Of Criminals, Setting A Lesson For Others, Providing
Protection To Society And Having A Deterrent Effect On The Criminal Activities. Each Of The
Types Of The Punishments Have The Importance Of Their Own. Despite Of Various Difficulties
It Is Now Accepted And Recognized As The “The Prevention Of Crime” And “The Protection
Of The Society”.Sometimes Giving The Punishment Is Not So Effective In Creation Of Guilt.
Sometimes Not Giving Of Punishment Is Much More Effective Than Giving. Because If You
Have Been Not Punished Of Your Offences Creates A Internal Bleeding Of Regrets Which
Leads To Change And Reformation Of The Person Accused.
Whatever Punishment Might Have Been Suitable In Past May Not Be So In The Present Or
Whatever Might Be Useful In One Country May Not Be So In Another. Then Again The Same
Kind Of Punishment May Not Bring About The Desired Effect Upon All The Types Of
Criminals Alike. In Sum Universalization Of Punishment Is Impossible. Therefore We Have To
Study The Criminal Before Prescribing The Proper Form Of Punishment To Him According To
His Physical, Social, Educational, Or Cultural Make-Up Because The Same Punishment Upon
The Individualization Of Punishment Although They Appear To Be Fully Aware With The
Difficulties In It’s Implementation.
 BIBLIOGRAPHY
WEBSITES:
 http://www.legalserviceindia.com/articles/pun_theo.htm

 https://shodhganga.inflibnet.ac.in/bitstream/10603/127654/14/09_chapter%202.pdf

 https://www.legalbites.in/history-of-punishment/

 https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/punishment-under-ipc-
all-you-need-to-know-about-
it/amp/?amp_js_v=a2&amp_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=15826257
706658&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&
ampshare=https%3A%2F%2Fblog.ipleaders.in%2Fpunishment-under-ipc-all-you-need-
to-know-about-it%2F