Table of Contents
Administration of Justice
The administration of justice is the mechanism through which a legal system enforces laws, settles disputes, and ensures that individual rights and obligations are upheld in a fair and orderly manner. It encompasses the institutions, methods, and officials responsible for interpreting and applying the law.
To ensure justice, punishing offenders is vital. This helps in maintaining law and order, and discourages unlawful conduct. Over the years, several theories of punishment have developed, each with a unique perspective on why and how individuals should be punished.
Theories of Punishment
1. Deterrent Theory
This theory emphasizes deterring others from committing crimes. It aims to secure society by using punishment as a warning. By punishing the wrongdoer, others are discouraged from engaging in similar acts.
This philosophy encourages barbaric and brutal punishment. This theory was endorsed by thinkers like Manu, Salmond, and GW Paton.
2. Retributive Theory
This theory is based on the idea of just deserts, this theory believes that criminals deserve punishment equal to the harm they caused. The famous phrase: “An eye for an eye and a tooth for a tooth” reflects this view. As per this theory penalty must cause the offender more suffering than the pleasure he took in committing the crime.
3. Preventive Theory
This theory seeks to prevent future crimes by incapacitating the offender through imprisonment, death penalty, or other means. It focuses more on protecting society than on the individual criminal. This punishment paradigm led to the development of prisons.
4. Expiatory Theory
This theory has little to do with the law or legal notions. This belief refers to a type of punishment in which criminals are confined in an isolated cell to repent or expiate their actions. This belief holds that everyone who honestly repents for their offenses deserves to be pardoned. Many jurists disagree with this theory because of there is not much use of legal principles.
5. Reformative Theory
This punishment idea focuses on the reformation of offenders via the individualisation technique. This humanistic approach views crime as a result of social or psychological factors. It emphasizes rehabilitating the offender rather than punishing them.
The goal is to help the criminal become a responsible member of society. While giving punishment under this theory judges consider personal circumstances of the offender, and corporal punishments are condemned. This theory works on the principle: “Hate the sin, not the sinner.” This theory tries to make punishment about the future rather than the past. Proponents of this theory justify imprisonment to reform.
Forms of Punishment
1️⃣ Corporeal Punishment
These are punishments causing physical pain, common in the 18th century but now widely condemned. Major types of corporeal punishment are
- Whipping- It is the type of punishment in which a person is beaten with a whip. This kind of punishment is less effective in the major cases and more effective in minor cases such as eye teasing, drunkenness etc.
- Mutilation- It is the type of punishment where any body part of a person is chopped off. This type of punishment is completely disregarded in today`s time.
- Branding- It is a type of punishment where criminals are branded with a mark on their forehead so that they could be easily identified
- Chaining- It is a type of punishment where hands and legs of persons were tied with iron rods and chains. In this type of punishment liberty and mobility of a person is completely restricted.
- Pillory- It is a form of punishment in which the criminal is taken to a public location to be executed. In situations where the offense is serious, he is even stoned. Another name for this kind of punishment is poetic punishment.
2️⃣ Fine and Confiscation of Property
This punishment is used for minor or economic offenses. In this kind of punishment the person is fined or property of a person is confiscated as a mode of offence.
3️⃣ Deportation
It is a kind of punishment in which a person is deported to far off places with a view to eliminate them from the community. The process of deportation is also known as banishment. Kala pani is a example of this type of punishment.
4️⃣ Imprisonment
It is a type of punishment that involves imprisoning a person in jail. Imprisonment can be either simple or strict. It is an excellent method for incapacitating offenders. It ensures the temporary eradication of individuals from society. In circumstances of life imprisonment, the executive authorities are entitled under Section 55 of the IPC to commute the sentence to 14 years of hard imprisonment.
5️⃣ Solitary Confinement
This type of punishment involves a person being kept apart from other inmates in solitary confinement cells. Usually, it is applied to violent offenders. The majority of those receiving this kind of punishment passed away while incarcerated, and many more became mad.
6️⃣ Capital Punishment
It is a type of punishment in which a person is awarded the death penalty. This sort of punishment is reserved for murderers and violent offenders
Conclusion
The purpose of punishment in the legal system is multi-faceted — to deter, prevent, reform, and sometimes retaliate. Understanding these theories and forms helps us appreciate the delicate balance the legal system maintains between justice, human dignity, and public safety.
References:
- Studies in legal theory and jurisprudence by Dr. NV Pranjape
- Legal Theory and Jurisprudence by Dr. VD Mahajan
