punishment in Bangladesh

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Punishment &
Related Issues

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WHAT IS PUNISMENT
PUNISHMENTS: Punishments means a penalty or
sanction given for any crime or offence. Punishment
must be awarded for the commission of any offence.
It must be an evil, an unpleasantness to the victim.
Crime is a behavior or action that is punishable by
criminal law. A crime is a public wrong, as opposed to
moral wrong; it is an offence committed against and
hence punishable by the state or the community at
large. Many crimes are immoral, but not all actions
considered immoral are illegal. So, punishment
means some pain or penalty warranted by law,
inflicted on a person, for the commission of a crime or
misdemeanor, or for the omission of the performance
of an act required by law, by the judgment and
command of some lawful court.

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Black Law Dictionary Defenition
What is PUNISHMENT?
In criminal law, Any pain, penalty,
suffering, or confinement inflicted upon a
person by the authority of the law and
the judgment and sentence of a court, for
some crime or offense committed by him,
or for his omission of a duty enjoined by
law.

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Purposes Of Punishment
INCAPACITATION DETERRENCE
RESTITUTION
RETRIBUTION
REHABILITATION
GENERAL DTERRENCE SPECIFIC DETERRENCE

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RETRIBUTION
RESTITUTION
Retribution prevents future crime by removing the
desire for personal avengement (in the form of
assault, battery, and criminal homicide, for
example) against the defendant. When victims or
society discover that the defendant has been
adequately punished for a crime, they achieve a
certain satisfaction that our criminal procedure is
working effectively, which enhances faith in law
enforcement and our government.
Incapacitation prevents future
crime by removing the defendant
from society. Examples of
incapacitation are incarceration,
house arrest, or execution
pursuant to the death penalty.
Restitution prevents future crime by punishing the
defendant financially. Restitution is when the court
orders the criminal defendant to pay the victim for
any harm and resembles a civil litigation damages
award. Restitution can be for physical injuries, loss
of property or money, and rarely, emotional distress.
It can also be a fine that covers some of the costs of
the criminal prosecution and punishment.

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SPECIFIC DETERRENCE
Specific deterrence applies to an individual
defendant. When the government punishes an
individual defendant, he or she is theoretically
less likely to commit another crime because of
fear of another similar or worse punishment
GENERAL DETERRENCE
General deterrence applies to the public at
large. When the public learns of an individual
defendant’s punishment, the public is
theoretically less likely to commit a crime
because of fear of the punishment the
defendant experienced
REHABILITATION
Rehabilitation prevents future crime by altering a defendant’s behavior. Examples of rehabilitation
include educational and vocational programs, treatment center placement, and counseling. The
court can combine rehabilitation with incarceration or with probation or parole. In some states, for
example, nonviolent drug offenders must participate in rehabilitation in combination with
probation, rather than submitting to incarceration (Ariz. Rev. Stat., 2010). This lightens the load of
jails and prisons while lowering recidivism, which means reoffending.

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Penal Policy Of Bangladesh For Punishment
Section 53 Of Bangladesh Penal Code
1860 Describe the punishment kinds
Death
Imprisonment
For Life
Imprisonment
Rigorous Or
Simple
Forfeiture Of
Property
Fine

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THEORIES OF PUNISHMENT
Retributive Deterrent
Preventive Reformative

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Retributive Theory Of Punishment
This theory of punishment is based on the principle- “An eye for an
eye, a tooth for a tooth, blood for blood”. Retributive means to give
in turn. The object of this theory is to make the criminal realize the
suffering of the pain by subjecting him to the same kind of pain as
he had inflicted on the victim. This theory aims at taking a revenge
rather than social welfare and transformation. In ancient times, if
somebody was murdered, his relatives used to find out the
murderer and kill him and thus took revenge on him. Although this
theory was popular in the ancient time, but the theory has not been
supported by the Criminologists, A Penologists and Sociologists as
they feel that this theory is

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The term “Deter” means to abstain from doing an act.
The main purpose of this theory is to deter (prevent) the
criminals from doing the crime or repeating the same
crime in future. Under this theory, severe (strong)
punishments are inflicted upon the offender so that he
abstains from committing a crime in future and it would
also be a lesson to the other members of the society, as
to what can be the consequences of committing a
crime. This theory has proved effective, even though it
has certain defects
Preventive Theory Of Punishment

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Preventive Theory Of Punishment
he preventive theory is founded on the idea of preventing
repetition of crime by disabling the offender through
measures such as imprisonment, forfeiture, death
punishment and suspension of license. As per this
theory, the idea is to keep the offender away from the
society. This criminal under this theory is punished with
death, life imprisonment etc. This theory has been
criticized by some jurists. We well remember the works of
a judge who uttered the following sentence, while
awarding punishment to the criminal, “I am giving
punishment to you not because you stole the sheep but
because of the fact that people should not steal sheep in
future

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Reformative Theory Of Punishment
The supports of Reformative Theory maintain that crime is a kind of disease and
the criminal should be treated well, so that he may be able to recover from this
disease. Crime should be diagnosed and then Proper treatment should be given to
the criminal. The idea behind this theory is that- “no one is a born Criminal and
criminals are also humans”. Under this theory, it is believed that if the criminals
are trained and educated, they can be transformed into law abiding citizens. This
theory has been proved to be successful and accepted by many jurists. Many
writers on this subject are of the opinion that a person commits a crime only
because he was not taught moral Lessons in his childhood, or he is extremely
poor, he does not have square meals or lives or had to live in the polluted social
environment or had been living in the company of bad person like thieves, dacoits
and gamblers and drunkards or is suffering from some mental disease. The
supporters of Reformative theory opine that the government should adopt
measures to remove such bad conditions and thus prevent crime

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