Introduction to Penology

Vipin Vijay Nair

Research Associate
Jindal Global Law School
 Introduction
• Penology, also called Penal Science, that concerns itself with the
philosophy and practice of society in its efforts to repress criminal activities.

• As the term signifies (from Latin poena, “pain,” or “suffering” and logos
defines as body of knowledge)

• Penology has stood in the past and, for the most part, still stands for the
policy of inflicting punishment on the offender as a consequence of his
wrongdoing; but it may reasonably be extended to cover other policies, not
punitive in character, such as probation, medical treatment, and education,
aimed at the cure or rehabilitation of the offender; and this is, in fact, the
accepted present sense of the term
 Penology
• The principal aims of penal science are:

1. To bring to light the ethical bases of punishment, along with the motives
and purposes of society in inflicting it;
2. To make a comparative study of penal laws and procedures through
history and between nations;
3. Finally, to evaluate the social consequences of the policies in force at a
given time.
• Thus conceived, penology represents a grouping of studies, some of which,
dealing with the aims and the moral or social justifications of punishment,
date from a remote past, while others, having to do with the wider social
implications of the system, have scarcely yet made a beginning.
 Punishment

• Punishment can and does take a variety of forms, particularly if one looks cross-
culturally.

• In the context of criminal justice, Zedner (2004) says there are six key questions in
relation to punishment:
• What are the prerequisites of formal punishment?
Two basic principles govern punishment:
1. There can be no crime without law.
2. There can be no punishment without law.
• 2 What are its component parts?
Two components appear key to most, though not all, definitions of punishment:
1. a censure (the expression of disapproval); and
2. b sanction (‘pain’).
However, as we will see, particularly in relation to what is called ‘retributivism’, it is
3. By whom is punishment imposed?
• Is it by the state only or by other bodies as well?
• Sometimes there is a distinction drawn between the allocation of
punishment on the one hand and the delivery of punishment on the other
(allocation usually remains in the hands of the state, whereas, say, in the
case of private prisons, the delivery may be via private corporations).

4. Upon whom, and when, is punishment to be imposed?

• Must the imposition of punishment follow conviction? If so, what of informal
punishment or the infliction of pain for civil wrongs – are they punishments?
In this regard the move toward the increasing use of ‘on-the-spot penalties’
and civil penalties such as Anti-Social Behavioural Orders (ASBOs) is an
interesting development
5. What social roles does punishment fulfil?
• As we will see, these may vary and may include bolstering what Durkheim referred
to as the collective conscience, through to maintaining the position of the powerful.

6. And with what justification or to what end is it inflicted?

• Why should offenders be punished? This is the matter that will form the major focus
of our concerns. Why do we inflict punishment? What are we trying to achieve?

And on what basis are we justified in so doing?

1. There are numerous answers to this question including to:
2. Discourage people from offending.
3. Make amends for what they have done.
4. Protect us from those who are dangerous.
5. Reinforce social values and bonds.
6. Simply because they deserve to be punished.
 Elements of Punishment
1. It must involve pain or other consequences normally considered unpleasant.

2. It must be enacted for an offence against legal rule

3. It must be imposed on an actual or supposed offender for his offence

4. It must be intentionally administered by human being other than the

offender

5. It must be imposed or administered by an authority constituted by the legal

system against which the offence is committed
 Penology vs. pedagogy and sociology of education

• Penology sees the criminal punishment as a social institution.

• The notion of social institution refers to repeatable, well – established

behaviors, patterns, rules and rituals.

• Another notion frames social institution as a distinctive type of activity

fulfilling the needs of individuals and communities

• Social institutions, in their specific organizational forms, may be classified

into different types, such as:
• Family and kinship institutions which mainly regulate the rules of biological
and cultural reproduction of the society in the course of nurturing and child
care;

• Political institutions which regulate the relations of power and define the
political organization of the society and the functioning of coercive measures;

• Institutions which regulate the rules of social stratifications and define the
distribution of social positions and social resources within the society;

• Economic institutions which regulate the production and distribution of goods;

• Nurture and education institutions which pertain to religion, scientific and

artistic activities, mass media activities and participation in higher culture.
• Criminal punishment should never be confused with punishment in
education, which is obvious from culturally integrated perspective.

• Punishment in education refers to the individual (and his/her well – being),

a human being who, due to influence (i.e. reasonable aversive stimuli),
should permanently change his/her behavior for the sake of himself/herself
and the society.

• On the other hand, criminal punishment is primarily used in order to ensure

the sense of order, security and justice for the society at large (and it may
only secondarily consider the well – being of the individual under
punishment as a member of such society; it will however never be its
primary function)
 Prison System
• Prisons serve the public by keeping in safe custody those committed by the
courts and treating them with humanity and helping them to lead a useful life
in society as a law-abiding citizen after their release from the Prison.

• The Penal System in the Modern times has undergone several Changes and
the focus is now on Reformation and Rehabilitation and not retribution and
punishment.

• The objective of reformation in Prisons is that the prisoners on release may

rehabilitate themselves as good citizens in the society after their release and
may find gainful employment for earning their livelihood.

• The medical facilities, the living conditions in Prisons as also the training for
this purpose imparted to them play a pivotal role in the reformation process.
“ " Any reforms must be based on the idea that a prisoner
is not punished but reformed and made into a good citizen.

If this objective is once accepted, it would result in a

complete overhauling of the prison system. "

”
- Pandit Jawahar Lal Nehru in the book "Prisons Lands"