ABSTRACT:
Punishment according to dictionary- involves the infliction of pain or forfeiture, it is infliction of penalty. Chastisement or castigation by the judicial arm of the state. If the sole purpose behind punishment is to cause physical pain to the wrongdoer, it serves little purpose. However, if punishment is such as leads him to realize the gravity of the offence committed by him, and to repent at once for it, it may be said to have achieved its desired effect. As salmon observes, the ends of criminal justice are four in number, and in respect of the purpose so served by it, punishment may be distinguished as 1. Deterrents: Deter' means to abstain from doing at act. The main objective of this theory is to deter (prevent) crimes. It serves a warning to the offender not to repeat the crime in the future and also to other evil-minded persons in the society. This theory is a workable one even though it has a few defects. 2. Retributive Theory Retribute means to give in return. The objective of the theory is to make the offender realize the suffering or the pain. In the Mohammedan Criminal Law, this type of punishment is called 'QISAS' or 'KISA'. Majority or Jurists, Criminologists, Penologists and Sociologists do not support this theory as they feel it is brutal and barbaric. 3. Preventive Theory The idea behind this theory is to keep the offender away from the society. The offenders are punished with death, imprisonment of life, transportation of life etc. Some Jurists criticize this theory as it may be done by reforming the behavior of criminals. 4. Reformative Theory The objective is to reform the behavior of the criminals. The idea behind this theory is that no one is born as a Criminal. The criminal is a product of the social, economic and environmental conditions. It is believed that if the criminals are educated and trained, they can be made competant to behave well in the society. The Reformative theory is proved to be successful in cases of young offenders. 5. Expiatory Theory Jurists who support this theory believes that if the offender expiates or repents, he must be forgiven.