Preventive theory of Punishment: Preventive theory of punishment makes it very clear that it is much realistic and gives it the human touch. As mentioned in the case of Dr Jacob George v. State of Kerala, one theory cannot be preferred overanother, there should be independent usage of each theory of punishment and should combined according to the merits of the case. Punishment is a recognized function of all the states. The corporal form of punishment can be included in the preventive theory and the deterrence theory. Retribution is a backward‐looking theory of punishment. People nor are holy messengers fit for doing just great nor are they evil spirits resolved to demolish each other even at the cost of implosion. The retributive, seeks to punish offenders or criminals because they deserve so. Preventive Theory: If on one end the aim of deterrent theory is to create fear and to put an end to the crime, on the other end is the preventive theory which aims at preventing crime by disabling the criminal, for example, by inflicting death penalty on the criminal. while sending the hoodlums to the penitentiaries the general public is thusly attempting to keep the guilty party from doing some other wrongdoing and therefore shielding the general public from any hostile to social components. eval(ez_write_tag([[336,280],'lawtimesjournal_in-leader-1','ezslot_14',116,'0','0'])); Corporal punishment is a barbaric form of punishment which includes punishments like modulation, flogging or whipping and torture; which may even lead to the death of the offender. It recommends that prisonisation is the best method of wrongdoing avoidance as it looks to dispense with guilty parties from society in this manner impairing them from rehashing wrongdoing. The main objective of the preventive theory is to disable the criminal which can be temporary by way of imprisonment or permanent by way of capital punishment; both of which are prevalent today. Jeremy Bentham was a utilitarian. Taking human instinct as it seems to be, finished end of wrongdoing from the society isn’t just unthinkable yet in addition unfathomable. Retributive Theory: Blood for blood is the basis of this theory. One of the most controversial aspects of legal philosophy concerns the justification of specific punishments for particular criminal violations. In Primitive society … These methods link to different penal policies. The profounder of the preventive theory stated that the objective of punishment is to prevent offences, which can be done when the offender is checked by disablement.The disablement of the criminal may be limited or unlimited. Utilitarian’s such as Bentham, Mill and Austin of England supported the preventive theory of punishment due to its humanizing nature. In spite of the fact that every hypothesis keeps isolate impact on wrongdoer/convicts. With the progression of time diverse kinds of discipline were forced upon convicts/blamed as corporal (whipping, mutilation, marking, stocks and pillories), transportation, the death penalty, detainment, and financial. Two main justifications exist for punishment: Crime reduction and retribution. By disabling the criminal, permanently or temporarily, from committing any other crime. The passing punishment is additionally in view of this hypothesis. doctrine has further classified punishment as Preventive (Restraint), satisfactory (compensatory), reformative (Therapeutic or corrective), and deterrent.10 Retributive theory of punishment Vengeance theory-It is a concept of primitive society which consists of injury There are different hypotheses attempting to benefit the reason for discipline. 3. To keep inside the prison is the restricted type of disablement. (2) Preventive Theory of Punishment: Punishment is, in the second place, preventive or disabling. Retribution is the most ancient justification for punishment. Today, convicts are confined not just in detainment facilities yet there are likewise the others endorsed detainment focuses as female renewal homes, mental refuge, adolescent care homes, and remand homes running by governments. The aversion of wrongdoing is the objective of society and law both which ought not be overlooked. Most legislators and a high extent of people in general don’t trust in restoration as an attractive objective. Specific deterrenceis deterrence for the specific individuals who have committed the crimeand stops criminals from committing any prospective crimes; the preventive theory also aims at preventing future crimes by disabling the criminal, either permanently or temporarily. Punishment can serve as a means for society to publicly express denunciation of an action as being criminal. There are various theories of punishment which are retributive, deterrent, and reformative, preventive. Be that as it may, it is vital in the welfare of the general public and for the survival of them that it can be reduced to the most minimal level. This does not influence any change in the offender. Can corporal punishment be included in the preventive theory of punishment? It was stated, that the purpose of punishment is four-fold. The offenses can be forestalled when the wrongdoer and his infamous exercises are checked. If he welcomed imprisonment or death gladly, they would cease to be a punishment, but they would be equally preventive of crime. L.J. Retributive Theory. As we know that Prevention is the act of stopping something happening or being done. This end must be accomplished if the period of detainment is utilized to guarantee, so far as conceivable, that upon his arrival to society, the guilty party isn’t just eager, yet additionally capable, to lead a law – tolerating and self-supporting life.”. v. State for NCT of Delhi & Ors.6eval(ez_write_tag([[300,250],'lawtimesjournal_in-large-leaderboard-2','ezslot_11',115,'0','0'])); Nirbhaya and her friend were assaulted by 6 people (males), one was a minor.Nirbhaya was raped, her body was mutilated. 2768(S.C), Principles of Criminal Liability- Individual and Joint Liability, Constructive liability- A comparative study in different jurisdictions. Society has likewise to look from the purpose of casualty. The theories of punishment can be classified into two philosophies, utilitarian and retributive. The profounder of this hypothesis held that the question of discipline is to keep the offenses. A criminal is punished to be made an example of to prevent others from committing the same crime. Hegel's Theory of Punishment. Further, the preventive theory aims at transforming the criminal, by reformation and re-education, which is the purpose of the fear of punishment. The theories of punishment can be classified into two philosophies, utilitarian and retributive. The deterrence theory suggests that the punishment which is awarded is to deter (stop) people from committing crimes by creating fear; while the purpose of the retributive punishment isthat the criminal should pay for his or her crime, this theory further prevents private vengeance as the State inflicts pain or injury on the wrong-doer for the crime he has committed, the moral satisfaction obtained from the punishment is given importance. lawtimesjournal.in/the-preventive-theory-a-detailed-explanation Also part of the repenting process is the idea of atonement and reparations, or making up somehow for your crime to … Case: Dr Jacob George v. State of Kerala4. The end goal of the preventive theory of punishment is to disable the criminal to prevent prospective crime. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. What they need is retaliation, retribution, discipline and enduring. In modern times, some other preventive measures … It is expressed that ‘each holy person has a past and each heathen has a fortune’. In total, there exist five theories of punishment, but, the preventive theory, the deterrenttheory and the retributive theory are considered as the main three theories of punishment. This notion has always been popular among criminal justice thinkers. This approach views the criminal as a debilitated individual requiring treatment. It dissuades not just the individual who has conferred a wrong yet additionally others from carrying out a same wrongdoing. He trusts that the risk would render any such activity superfluous; his point isn’t to rebuff trespass yet to forestall it. The retributive, seeks to punish offenders or criminals because they deserve so. Dr Jacob George v. State of Kerala, 1994 Cr.L.J. A portion of those were being boorish annulled with the time. In this association, the following concentrate from Run of the Universal Standard Least Guidelines is illuminative: “The reason and defense of a sentence of detainment or a comparative measure subsidiary of freedom is at last to ensure society against wrongdoing. The adequacy of endorse is additionally downsized as courts gifts safeguard to charged on the ground that denounced ventured to be pure until the point that blame is demonstrated. This theory of punishment is based on the principle- “An eye for an eye, a tooth for a tooth”. Joel Meyer, Reflections on Some Theories of Punishment, 595 Journal of Criminal Law and CriminologyVol 59 Issue 4 (1969), 2. Main object of the preventive theory is transforming the criminal, either permanently or temporarily. We are team members of Law Times Journal. Preventive Theory of Punishment The idea behind this theory was the prevention of repetition of crime by disabling the offender though some measures such as forfeiture, imprisonment, suspension of licenses, etc.