KINDS OF PUNISHMENTS IN INDIAN JUDICIAL SYSTEM

BEST CITATION – DEV SHROFF, KINDS OF PUNISHMENTS IN INDIAN JUDICIAL SYSTEM, 1 LIU & 7 (2022)

ABSTRACT

The practice of awarding punishments is a very important part of the criminal justice system as it a form of society’s manifestation of the admonition of the crime by a collective conscience as specified by Durkheim. The object of the punishment in Manu’s words is- “punishment governs all mankind; punishment alone preserves them; punishment awakes while their guards are asleep; the wise consider the punishment (danda) as the perfection of justice. Punishment is the suffering in person or property, inflicted on the offender under the sanction of law. Punishment of the wrongdoer for the offence one has committed is that which makes criminal law awe-inspiring and deterrent. This article emphasizes on Section 53 and section 73 of the Indian Penal Code and the subsequent punishments inflicted to the wrongdoers. It also highlights the philosophies of punishment, how punishment ought to change the criminals, the severity of punishments. This article also elaborately covers the aims of punishment and ends with a need to reform the IPC and the subsequent sections so there is no space for ambiguity and bias of the Judge which creates a barrier while sentencing.

Keywords: Punishments, Indian Penal Code, Death penalty, imprisonment for life,