RETRIBUTIVE THEORY

Submitted By:Rani Paul

3 2 LLB
INTRODUCTION
Punishment is the sanction imposed on the offender.

Various theories are advocated by jurist for the imposition of

punishment on offenders.

According to Salmond : Crime is an act deemed by law to be

harmful for the society as a whole though its immediate victim
may be an individual.
TYPES OF PUNISHMENT

 Deterrent Theory
 Retributive Theory
 Preventive Theory
 Reformative Theory
 Expiatory Theory
THEORIES OF PUNISHMENT

Divided into two:

a)Utilitarian Theory
b)Retributive Theory
Retributive theory

Based on principle “Eye for an eye .Tooth for a tooth.” It existed in

primitive society.
Retribution basically means that wrongdoer pays for his wrongdoing.

According to Justice Holmes : It is commonly known that the early forms

of legal procedure were grounded in vengeance .

Plato was an exponent of Retributive Theory . According to him

chastisement is the remedy for injustice.
DOCTRINES TO UNDERSTAND

 Doctrine of societal personification

 Doctrine of correctional vengeance

MERITS OF RETRIBUTIVE THEORY

 Simple. Punishment is an end in itself.

 Its neither cruel nor barbaric
 Its impartial and neutral
 Treat human beings with dignity and honor by
saying punishment is an end in itself.
 It’s a lesson to all members of society.
DEMERITS OF RETRIBUTIVE THEORY

 No guidelines for proportionate punishment

 Punishment is not an end in itself
 Punishments like death sentence are not
acceptable to modern civilized society
CONCLUSION

Retributive theory is not acceptable in a civilized

society.
Punishment is a disease that need to be cured rather
than prevented.
Theory doesn’t take factors like mental, physical and
social status of criminal.
Above all, punishment should be inflicted very carefully.