Theories of Punishment | Deterrent theory | preventive | Retributive | Reformative | Compensation

Theories of punishment Any criminal offence is considered as crime against the state and the state punish the wrongdoer for offence committed by him. the purpose of punishment is retribution and the protection of the welfare of state and society Deterent Theory Deterrent theory aim at detering the people of criminal tendency. the aim is not only to prevent the offender from doing a wrong second time but also to make him an example to other people who have criminal tendencies. this theory emphasize the necessity of protecting the society by so treating the prisoners that others will be deterred from breaking The Law Preventive Theory According to preventive theory the object of punishment is preventive or disabling the offender. the preventive theory concentrate on the prisoner but seeks to prevent him from offending again in future. The deterrent theory aims at giving a warning to the society at large that crimes shall not pay. preventive theory aims at disabling the actual criminal from doing harm. Reformative Theory According to reformative theory the object of punishment should be the reform of criminal. it believes society contains within itself the germs of all the crimes that are about to be committed and the criminal is only the instrument which execute them. a criminal must be educated during the period of his imprisonment so that he may be able to start his life again after his release from the jail. punishment must not be regarded as the end but only mean to an end the end being the reclamation of the criminal to useful citizen. Retributive Theory This theory believe that the purpose of punishment is to gratify the desire for vengeance. the person wronged was allowed to have his revenge against the wrongdoer. Compensation Theory Theory of compensation believe that punishment must be not merely to prevent further crimes but also to compensate the victim of the crime. it believes that the main spring of criminality is gread and if the offender is made to return the ill goten benefits of the crime the spring of criminality would dry up. State Criminal code must not ignore the deterrent aspect of punishment. likewise, the reformative aspect must be given its due place. the personality of the offender is as important as his action. the offender is not merely a criminal to be punished. he is also a patient to be treated. punishment should be in proportion to the gravity of the crime. it must be small for minor crime and heavy for major crimes. The First offender should be leniently treated. Special treatment should be given to juvenile offenders.