INDIAN PENAL CODE AND PUNISHMENT THEORIES

Best Citation – Divya Bhargava, Indian Penal Code and Punishment Theories, 1 LIU & 13 (2022)

ABSTRACT

Fundamental right of a citizen is a top priority of the State. From ancient times, it is the responsibility of the state to guard sole individual in order to reduce crime rates. As an individual it is a total violation of the fundamental right to punish the sole individual with extreme punishment. Therefore, punishment theories were introduced in the ancient times in order to reduce the severe punishment but another aim behind the severe punishment also known as sanction in order to reduce crime rates. In layman language, Punishment means “pain, suffering, loss or confinement” same as the victim suffered. The basic motive behind this paper is to critically evaluate different kinds of theories under the Indian Penal Code. In order to make this paper simple and understandable, the author will break this paper into 5 sects i.e., a) to define crime and different kinds of punishment, b) types of punishment theories with their merits and de-merits’ c) comparative study between punishment theories d) it’s applicability in present era and e) conclusion.