PUNISHMENT AND DEFINITION AND TYPES

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2 years ago

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This article is written by Diprava Ghosh, an intern under Legal Vidhiya

ABSTRACT: – Any pain, punishment, suffering, or incarceration imposed on a person under the authority of the law as well as the verdict and sentence of a court for a crime or offense they may have committed or for their failure to carry out a legal obligation. Modern criminologists debate whether traditional punishment remains the most effective tool for controlling criminal behaviour or if a more adaptable combination of reformative, restorative, and protective measures of treatment. Punishment is a societal response to crime, involving purposeful suffering and institutionalized suffering.

KEY WORDS: –

Deterrence, Reformative, Retributive, Preventive, Imprisonment, Capital Punishment.

INTRODUCTION: – Over the past-half century, the concept of punishment has evolved, focusing on socializing wrongdoers for revenge and confinement. It is now recognized as an integral revengeful practice, with society wanting the hazard. Restraints on vulnerable punishments are essential to prevent mistreatment of consultants and supremacy. It is considered that punishment should be of such a nature that it brings reform in a person’s personality and thinking. Punishment is the reaction to crime, which means of social control.

Punishment is a consequence of a wrongdoing and is provided under sec (53) and chapter 3 of the Indian Penal Code (IPC). It aims to prevent recurrence and serve as an eye-opener for others. The reformative theory is followed, ensuring punishment is neither harsh nor easy, promoting personal and mental growth.

WHAT IS THE MEANING OF PUNISHMENT: –

Each culture has its own system of social management, including making laws and imposing penalties. Punishment is the imposition of adverse or unpleasant consequences by authority in order to deter undesirable acts or actions. Punishment is the imposition of adverse or unpleasant consequences by authority in order to deter undesirable acts or action. Punishment is the infliction of pain or loss in exchange for wrongdoing. Penalties range from the death penalty to a suspended sentence for repeat offenses within a certain period of time. Vicious and retaliatory punishments were common in premodern communities, leaving prosecution to the offender or her family. As a result, the concept of proportional punishment developed from the biblical commandment “an eye for an eye “. Over time, penalties were regulated by the community, and statutes made the state responsible for penalties for public safety. This article examines systems common in many countries and regions, including the concept and purpose of punishment. Punishment is generally understood to be the imposition of undesirable or offensive consequences by authorities on groups or individuals as a deterrent to certain undesirable or unacceptable acts and conduct, from child discipline to criminal justice.

AIMS OF PUNISHMENT

The goal of punishment is to decrease crime and derogate the level of crime in society. The following reasons behind the punishment those are –

General Deterrence: – Rapid and serve punishment discourages crime, aiming to prevent criminal activities by maximizing negative consequences over positive ones. Punishment, the infliction of pain or loss upon a person for a misdeed, can take various forms, including capital punishment, flogging, forced labour, and mutilation. Deferred punishments are imposed only if an offense is repeated within a specified time. Before modern societies, punishments were largely vindictive or retributive, with pros execution left to the wronged or their families. The idea of proportionate punishment emerged, and punishment by individuals came under the control of the community. The state took over the punitive function for public order with the development of codes of law.

Under such a system, the state is viewed as the entity wronged by the crime, and the exaction of punishment by individuals acting on their behalf is illegal. Theories and objectives of punishment have been debated for centuries, with modern theories dating back to the 18^th century. Retributive justice theories argue that punishment is justified by the moral requirement that the guilty make amends for the harm they have caused to society.

Equity: – Procure must compensate society and victims for losses through restitution, court fees, imprisonment.

TYPES OF PUNISHMENT:

Over the previous half-century, punishment has evolved to inspire vengeance and socialise wrongdoers. It is a necessary operation. Punishment, often known as penology, is the infliction of negative consequences on individuals or groups. It can be openly enforced through the legislation or informally in social circumstances, with both positive and negative consequences. Positive punishment consists of depleting behaviours, whilst negative punishment consists of removing peaceful stimuli.

Section 53 of the IPC 1860 specifies five types of penalties. If a person is found to have broken the Indian Penal Code, 1860, Section 53 of the Code clearly covers the various punishments that Criminal Courts may inflict. The following four penalty types are listed in Section 53 of the Code:

Types of Punishments-

The two main categories of punishment are as follows-

Positive Punishment

Displaying undesired behaviour results in a positive punishment, reducing the likelihood of recurrence. Lectures can be given explain inappropriate behaviour.

Negative Punishment

Negative punishment involves removing desired stimuli or objects for undesired behaviour, making it less likely to occur in the future. Examples include expulsion from a class or principal’s office for misbehaving.

Four (4) kinds of Punishments are: –

Death / Capital Punishment
Imprisonment
Imprisonment for life
Rigorous
Simple
Forfeiture of property
Fine

Capital Punishment: – The inflicting of death by an authority for serious offences is known as capital punishment, and it is the most contentious topic among modern criminologists. It is only granted in the “rarest of rare cases” under the Indian Penal Code, with some offences eligible for court-ordered lethal punishment. They are as follows:

Under Section 121, states that waging, or making an attempt to wage war against the government of India.
Under Section 132: Abetment of mutiny, if mutiny is performed.
Under Section 194: Giving or Fabricating False Evidence upon which an innocent person suffers death.
Under Section 302: Punishment for Murder.
Under Section 303: Murder by Life convict.
Under Section 305: Abetment of Suicide of a Minor or on Insane or on intoxicated person.
Under Section 307: Attempt to Murder by a person who is under sentence of life imprisonment, if the hurt is caused.
Under Section 364(A): Kidnapping for Ransom etc.
Under Section 396: Dacoity with Murder.
Under Section 376(A): Punishment for rape resulting in death or permanent vegetative state.
Under Section 376(E): Punishment for repeat wrongdoer of rape.

Imprisonment: – In the dictionary, incarceration is defined as the act of putting someone in prison or jail as a legal penalty. The three sorts of imprisonment are as follows:

Rigorous Imprisonment: – Generally, it means ‘hard labour’. In this type of imprisonment, the offender is compelled to do hard labour or hard work in the jail such as grinding corn, dig According to the Criminal Law (Amendment) Act of 2013, the court may impose the death penalty for the following offenses under the Indian Penal Coediting the earth, drawing water, etc.
Simple Imprisonment: – In this type of imprisonment the offender is confined to jail simply and he is not compelled to do any kind of work but they can be asked to labor for pay at a job of their choosing.
Solitary Confinement: – It means keeping a person isolated from any kind of contact with the outside world. It contradicts the idea that an impression of beauty could have an impact on the offender’s thoughts and cause him to modify his behaviour. Section 73 and 74 of the Indian Penal Code provides for solitary confinement.

Forfeiture of Property: – In dictionaries, the term “forfeiture” refers to something that is lost or relinquished as a penalty, while “forfeiture of property” refers to the loss of property or money due to a breach of a legal obligation. The forfeiture of property is described in three (3) provisions of the Indian Penal Code, which are as follows:

Under Section 126: Property used or intended to be used in committing depredations on the territories of friendly countries.
Under Section 125 & 127: Property received with the knowledge that the same has been taken by waging war or committing a robbery.
Under Section 169: Property purchased by a public servant who is legally banned to purchase for such property.

Fine: – In general, a fine is the imposition of monetary duty on an accused as a result of the offence committed by him. Some offences carry a fine as well as imprisonment. The amount of the fine is determined by the court’s orders.

Recent Case Law: –

Union of India v. Vinay Sharma (2020)

The Vinay Sharma v. Union of India (2020) case, commonly known as the Nirbhaya gang-rape case, outraged the entire country’s conscience. The tragic and violent tragedy occurred on a bus in the cold weather of Delhi. Six of the accused viciously raped the girl, resulting in her death. An iron rod was pushed into her private parts as well, and she was tossed naked onto the road. All of her physical and mental torment culminated in her death. When the matter came before the court, one of the defendants committed suicide in jail, and another was a juvenile, therefore he was not put to death. However, the other four suspects were sentenced to death and will be hanged in 2020. The aggravating and mitigating factors were taken into account when making this judgment.

If any mitigating circumstances existed, the aggravating elements overpowered them. The death penalty was imposed because life in prison was deemed insufficient in view of the crime’s pertinent circumstances and the horrible torture the victim endured before she passed away.

Development in short: –

Penalties in contemporary India Punishment now places more of an emphasis on correcting than on punishing. The kinds of punishment to be applied in contemporary India were laid down in the Indian Penal Code, which was established in 1860 under British administration.

CONCLUSION: –

The crime rate in India has been progressively increasing year after year, and as a result, the conviction rate has plummeted, allowing courts to impose minimal sentences by exercising their broad discretion. The loose framework of the legislature provides for lenient punishment for proved offenders, while also allowing for personal choice and judicial judgement.

However, if a minimal sentence is imposed as a result of modifications, the tribunal judge must present punishment within the boundaries of the Act. The centuries-old colonial punishment system is insufficient for dealing with crimes and mitigating their detrimental impact on society. The history of punishment portrays a cruel, callous, and uncultured manner.

REFERENCES: –

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