The document discusses five main theories of punishment in criminal law: retributive, deterrent, preventive, rehabilitative, and restitutionary. The retributive theory aims to give offenders suffering in return for their crimes. The deterrent theory seeks to deter crimes by imposing swift, certain, and severe punishment. The preventive theory aims to prevent future crimes by imprisoning or executing offenders. The rehabilitative theory treats crime as a curable disease and aims to reform offenders through treatment so they can reintegrate into society. The restitutionary theory focuses on compensating victims for the harms caused by the crimes. The document also examines court cases and criticisms of each theory.

1. Theories of Punishment
Punishment-
Punishment is infliction of some kind of pain or loss
upon a person for his misdeeds. In criminal law
punishment is allowed due to wrongful intent involved in
the crime. A punishment such as incarnation seeks to
give any victim involved retribution against offender,
deter and hopefully rehabilitate the offender. This is
distinct from Civil law, which seeks to compensate the
injured party rather than punish the wrongdoer.
Justification of punishment typically takes place in five
forms.
1. Retributive
2. Deterrent
3. Preventive
4. Rehabilitative
5. Restitutionary
Justification of Punishment-
1. Prevents the person from future wrongs.
2.Rehabilitate to reform offender. Make him a law
abiding citizen.
3.Restoration for the offence committed. (The
punishment in the form of fine or payment of
compensation)

2. THEORIES
1.Deterrent theory – to prevent, to obstain.
Deter means to abstain from doing an act. The main
object of this theory is to deter (prevent) crimes itself
as a warning to the offender as not to repeat the
crimes in the future and also itself as examples to
the other evil minded persons of the society. The
founder of this theory was Jeremy Bentham. He said
that a man could be deterred from committing a
crime if the punishment applied is swift, certain and
severe. Plato, Locke, Fischte and many more were
supporter of this theory.
Indian Position- Supreme Court accepted this theory
in recent times due to increment in murders, dowry
deaths, rapes etc.
In Pani Ben Vs State of Gujrat- The Supreme Court
said that it would be a travesty if sympathy is shown
for crimes like bride burning is committed and the
court upheld the conviction of the mother in law for
murder by bride burning of daughter -in law.
In State of Madhya Pradesh Vs Ghanshyam the
court observed that the proper sanctioning should
be done according to the crime.
Draw Back of Deterrent theory-
 It fails in the case of hardened criminals

3.  It fails in the case of spur space of the moment
crimes
2.Retributive theory- To give in return.
This theory refers to the crude, barbaric primitive
and animalistic thinking of humans. Retributive
means to given in return. Objective of this theory is
to make the offender to realize suffering or the pain.
It considers punishment as an end itself. The idea of
vengeance revenge) runs through this theory. The
kingdom of Saudi Arabia practices this theory.
They believe in the concept of An Eye for an Eye.
In Jagmohan Singh Vs State of U.P.-
The court observed that Death Penalty serves two
purposes-
a. It satisfies the stint of retribution.
b. It works as a deterrent to like – minded criminals.
Drawback of Deterrent Theory-
The majority of Jurists, criminologist, penologist
and sociologist do not support this theory as it
was felt to be brutal and barbaric.
3.Preventive Theory- to refrain.
The idea behind this theory is to keep the offender
away from the society through imprisonment, death
punishment etc in order to prevent repetition of
crime. It follows the principle of " not to avenge crime
but prevented". By keeping them away the society
insures its safety and security. Bentham, Austin

4. supported this theory because it is human touched.
This theory laid to the formation of present system.
In D.K. Vashu Vs Vest Bengal-
Supreme Court highlighted the purpose of
preventive detainment and observed that security of
the state individuals can be preventively detail.
4.Reformative Theory-
The reformative theory based upon the principle of
"Hate the Sin, Not the Sinner". The object of this
theory is to reform the sinner; the behavior of the
criminal. The idea behind the theory is that 'no one
is born as a criminal'. It tries to modify the attitude
the offender so he can become a law abiding member
of the society. It is also known as Correctional
Theory or Rehabilitated Theory. Individualized
treatment of the offender becomes the coordinal
principle of this theory. Crime is considered as a
disease and the aim of every punishment should be
reclamation of the offender by prescribing of the
proper treatment. This theory states that
punishment should be Curative and Medical in
criminal.
The reformative theory takes into account serious
factors which lead the person to commit the crime.
For example- his family, education and his socio-
economic background. It tries to find out the causes
and reasons which compels and individual to
commit a crime and then price to eradicate the

5. criminal tendency by providing appropriate
education to him.
This theory emphasizes that in prison; the prisoner
should be taught and trained so after being released
he can secure a better living. It takes the view that
punishment is justiciable only if looks to the future
not the past.
Scope- Utility of reformative of theory certain cases
1. Incurably corrupt persons
2. Habitual offenders
3. Terrorist
4. Crimes Syndicates
5. Contract Killers
6. Hired criminals
7. Hardcore criminals
In Sunil Batra Vs Delhi Administration-
The court observed that fair treatment will
enhance their personality rather than to affect or
regulate their life.
In Rejendra Prasad Vs State of U.P.-
The court held that Death Sentences is a violative
of article 14, article 19 and 21. The prisoner was
release on Gandhi Jayanti.
In Jindal Vs Delhi Administration measures to
rehabilitate offenders jail manuals.

6. Criticism Drawback-
Reformative theory is applicable for minor offences
but not to severe crimes.
It is contrary to the principle the natural justice.
Every individual has a different mindset. So the
effectiveness is always a question.
5. Expiation Theory- penance.
In Hindu Law it means that the Sin is washed away.
Manu said men who are guilty of crime may
condemn to the king and then only he can go to
heaven as a normal.
'Expiation' means the act of expiating, reparation,
amends and compensation. According to the
Expiation Theory, compensation is awarded to the
victim from the wrongdoer. The criminal is punished
by awarding such compensation and is prevented
from doing such offences in is remaining life. This
also becomes a lesson for remaining public.
Drawback-
 This theory is now obsolete. The principle of
punishment can be considered aced to the
principle/ maxim of old theory.
 This theory is based on moral doctrines and
therefore it is beyond the limits of modern
times and jurisprudence.
 If the expiation is the reason the punishment
then the prisoner should be convicted only
where he is ethically responsible for the offence.
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