University of Mumbai

Karnatak Lingayat Education Society(KLE)

(Navi Mumbai )

Research Paper Of Criminology

Prof. Anant Pawar

Subject:- Types Of Punishment In India

Name:- Prakash Vijay Kadam

FYLLB- 3yr (Roll No. 30)
Introduction

The concept of punishment, its explanation, and its concrete request and reasoning during the past
half-century have presented a clear idea of how hard work changes and socializes wrongdoers in
support of revenge and confinement. Punishment in its formation is now recognized to be an
integral revengeful practice, whatsoever may be the additional role of revenge as reasoning or
objective of punishment.

An abundant validation of punishment would continue by presenting that society wants the
hazard. The exercise of punishment since the aim of social edict cannot be reached or else
because it is partial to assume suffers from illegal violent behaviour to tolerate the cost of their
unfair treatment. Restraints on the use of vulnerable punishments are essential, given the ways in
which consultants and supremacy can be mistreated.

Humans have always been capable of dreaming brutal ways to punish alleged witches, offenders, etc.
Even the penal system in ancient India had also been very ruthless. So, it would not be wrong to say
that for ages, extremely violent and brutal methods of execution and punishments have come and
gone in the entire world; few of these included pushing off the cliff, being crushed by an elephant,
boiling method, blood eagle, and whatnot.

Historically the use of grave punishments is much older compared to the use of imprisonment or
incarceration. Imprisonment is a punishment because an individual is removed from society and
confined behind bars with other criminals. However, it is a milder punishment than many other forms
used for centuries, like capital punishment or the death penalty. So, this article will discuss the types
of punishment in ancient India to boost up your knowledge, theories of punishment, and many more.
So, stay tuned till the end

Meaning of Punishment
In the dictionary meaning, the term ‘punish’ means to make someone suffer from a crime or for an
unlawful behaviour or the imposition of penalty as punishment for an offense.

In criminal law, ‘punishment’ means any pain, penalty, suffering inflicted upon a person by the
authority of law and the sentence of the court for some crime committed by him or for his exclusion
of a duty enjoyed by law. The punishment maintains the law and order, it safeguards the person and
the property. The culprit abstains from wrongdoing for the fright of punishment and therefore, the
punishment and the law are indivisible.

“Punishment governs all mankind; punishment alone preserves them; punishment wakes while
their guards are asleep; the wise considers punishment as the perfection of justice”
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Theories of Punishment
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  Deterrent:

Punishment is primarily said to be deterrent when its object is to show the futility of crime and to
teach the wrongdoer. According to this theory, the object of punishment is to show that crime is never
profitable to the offender. The idea behind this punishment is to inflict exemplary sentence on the
offender. It is just to create fear in the minds of the offender so that they think thrice before
committing any wrongful act. It is a game of fear psychology only to deter the offender from
committing crime. However, this theory of punishment fails to achieve its goal when it comes to hard-
core criminals because they have no fear of punishment.

 Preventive Theory:

If on one end the aim of deterrent theory is to create fear and to put an end to the crime, on the other
end is the preventive theory which aims at preventing crime by disabling the criminal, for example, by
inflicting death penalty on the criminal. Or by confining him in prison.

Preventive mode of punishment works in three ways:

a. By inspiring all prospective wrong-doers with the fear of punishment.

b. By disabling the wrong-doer from committing any crime.

c. By transforming the offender by way of rehabilitation or by the process of transformation and

reformation so that the crime is not committed again.

 Reformative Theory

According to this theory, a crime is usually committed as the result of conflict between the character
and motive of the criminal. It may be taken into consideration that one may commit a crime either
because the temptation of the motive is stronger or because the restraint imposed by the character is
weaker. Reformative theory considers punishment to be curative more than to be deterrent. According
to this theory, crime is like a disease which cannot be cured by killing rather than curing it with the
medicine with the help of process of reformation.

 Retributive Theory

Basically retribution means that the wrongdoer pays for his wrongdoing. However, state considers it
necessary to inflict pain upon the wrongdoer in order to prevent vengeance. According to this theory,
an evil should be returned for evil and an eye for an eye and a tooth for a tooth which is deemed to be
rule of natural justice. The retributive theory ignores the causes of the crime, and it does not strike to
the removal of the causes. It is quite possible that the criminal is as much a victim of circumstances as
the victim himself might have been. This theory ignores that if the vengeance is the spirit of
punishment, violence will be a way of prison life.

Punishments Under Section 53, IPC

The punishments to which offenders are liable under the provisions of this Code are:
1. Death.
2. Imprisonment for life.
3. Imprisonment, which is of two descriptions, namely:
(I) Rigorous, that is, with hard labour;
(II) Simple.
4. Forfeiture of property.
5. Fine.
6. Solitary confinement.

1. Death Punishment

Punishment of death is also known as capital punishment. Under this punishment, a person is hanged
till he dies.

This punishment is sanctioned by the government and ordered by the court. It is provided only in the
rarest of rare cases. This punishment is provided only for serious offences. A death sentence is the
highest punishment awarded under IPC, and it has always been a controversial subject. Arguments are
made in favour and against the retention of the capital sentence as a form of punishment.

It was argued in Jagmohan Singh vs the State of Uttar Pradesh that the death penalty is
unconstitutional and hence invalid as a punishment. However, the Supreme Court held the death
penalty as valid. It held that deprivation of life is constitutionally lawful if done according to the
procedure set by law.

Case Law

 Bachan Singh Vs the State of Punjab (AIR 1980 SC 898,1980)

Upheld the validity of the death penalty, but the court restricted the provision of the death penalty in
rarest of rare cases only. If the case falls under this theory, then capital punishment may be given.

 Jagmohan Singh Vs State of Uttar Pradesh (1973 AIR 947,1973 SCR (2)541)

The death penalty is unconstitutional and hence invalid as a punishment. The Supreme Court held the
death penalty as valid. It held that deprivation of life is constitutionally lawful if that is done
according to the procedure set by law.

2. Imprisonment for Life

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The words “imprisonment for life” was substituted for “transportation for life” by Act XXVI of 1955.

In this type of punishment, an accused convicted of a crime has to remain in prison until he is alive or
until pardoned or otherwise commuted to a fixed period.

In its natural meaning, imprisonment for life means imprisonment for the whole of the remaining term
of the convicted person’s natural life. As per section 57 of the Code, the period for life imprisonment
is 20 years only for calculating purposes. Imprisonment for life can never be simple imprisonment; it
is always rigorous imprisonment.

 Bhagirath And Ors Vs.Delhi Administration (1985 AIR 1050)

The supreme court of India defined imprisonment for life as imprisonment for the remainder
of the natural life of the convict. If life imprisonment is given to a person, he shall stay in the
prison for a minimum of 14 years and the maximum is the rest of his life.

3. Imprisonment

Imprisonment means taking away a person’s freedom and putting him in prison. According to section
53 of the IPC, there are two kinds of imprisonment:

Simple Imprisonment: It is the type of imprisonment where an accused convicted of a crime is kept in
prison without any hard labour. They are required to do only light duties. The punishment of simple
imprisonment is awarded only for lighter offences such as defamation.

Rigorous Imprisonment: It is the type of imprisonment under which a prisoner or an accused

convicted for a crime is kept in prison, and they have to do hard labour such as agriculture, carpentry,
drawing water, etc. Rigorous imprisonment is obligatory for the offences given under the following
two sections (no alternative for simple imprisonment is available):

a. Section 194, IPC: Giving or fabricating false evidence with intent to procure conviction of capital
offence.

b. Section 449, IPC: House-trespass in order to commit offence punishable with death.Minimum
wages for prisoners – the State of Gujarat vs. Honorable High Court of Gujarat[16] when there is
rigorous imprisonment is accompanied with hard labour, these prisoners are entitled to wages for the
work done by them as it is a matter of right which have to be paid as it would strengthen the dignity of
conv

 Md.Munna Vs. Union of India and Ors (AIR 2005 SC 3440)

The writ petition is filed under article 32 of the Indian constitution. The petitioner was found guilty of
murder. And previously he has already got imprisonment for life for 21 years. In this petitioner
claimed that life imprisonment should be equivalent to 20 years and further subject to remission
admissible under law.icts and penal jurisprude
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4. Forfeiture of Property

Forfeiture implies the loss of property of the accused. Under this punishment, the State seizes the
property of a criminal. It is the result of the wrong or default caused by the person. The property
forfeited may be movable or immovable.

Forfeiture of property as punishment is provided for the offences given under section 126 (committing
depredation on territories of power at peace with the Government of India) and section 127 (receiving
property taken by war or depredation mentioned in sections 125 and 126).

In Shoba Suresh Jumani v appellate tribunal – the supreme court held that section 61 and 62
which was repealed in 1921 is required to be re-introduced in the law for having the deterrent
effect on those who are bent upon to accumulate wealth at the cost of society misusing their
power or post.

Palaniappa Gounder Vs. State of Tamilnadu (1977 AIR 1323)

The apex court stated that the sentence given by the court shall be proportionate to the nature of
the offence which includes the sentence of fine. And the punishment shall not be unduly
excessive.

5. Fine Under IPC

The court may impose the punishment of a fine as sole imprisonment or as an alternative for
imprisonment, or in addition to imprisonment. It depends upon the court to decide whether either
imprisonment or fine or both are to be awarded in a particular case. According to section 64 of IPC,
the court may order imprisonment if a person fails to pay the fine.

Shahejadkhan Mahebubkhan Pathan v state of Gujarat Where a substantial term of

imprisonment is inflicted an excessive fine should not be imposed except in exceptional cases.
Shantilal v state of Madhya Pradesh –The court held that the amount of fine should not be harsh
or excessive.

Conclusion:-

We have discussed various punishments which are imposed differently in different offences, the
term, nature, etc varies in each case and offences and also according to courts. All the
punishments are retributive, reformative and deterrent in nature. It is stated that a reformative
approach to punishment should be the object of criminal law.
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