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TOPIC:- THEORIES OF PUNISHMENT

SEPTEMBER 2017

CNLU, PATNA

NYAYA NAGAR, MITHAPUR, PATNA

SUBMITTED BY :- SUBMITTED TO :-

SWAPNIL RAJ SUBMITTED TO PARTIAL

ROLL NO.- 1570 FULFILMENT OF COURSE

BA.LLB CRIMINAL LAW-1 FOR THE

3rd SEMESTER COURSE BA.LLB.( Hons.)

TO THE FATHER PETER


LADIS

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A. INTRODUCTION
The punishment is inflicted upon an offender who has committed a wrong. It deters
not only the person who has committed a wrong but also others from committing a
same crime. It must be for any legal wrong. Punishment must involve pain and its
consequences must be unpleasant. It must be inflicted by the authority which has been
constituted by legal system. H. Kelson in his General Theory of Law and State
described sanction is socially organized consists in a deprivation of possession- life,
freedom, or property. According to Jeremy Bentham, punishment is evil in the form
of remedy which operates by fear Johan Finnish has said that delinquent behavior of
a person needs to be taught lesson not with melody but with iron hand. Today to give
punishment is the responsibility of the State. But in the early ages of civilization the
victim or the society was free to punish criminal according to its own choice.
Reactions to crime have been different at different stages of human civilization.
Attitude towardscriminal has always been colored by extreme type of emotions
displayed by society. As a result of changing attitude three types of reactions are
there. The first is traditional reaction, of a universal nature which can be termed as
traditional approach. It regards the criminal as a basically bad and dangerous sort of
person and the object under this approach is to inflict punishment on the offender in
order to protect society. The second approach is, of relatively recent origin, considers
the criminal as a victim of circumstances and a product of various factor within the
criminal and society. This approach regards the criminal as a sick person requiring
treatment. Finally there is a preventive approach, which seeks to eliminate those
conditions which are responsible for crime causation. These approaches are not
mutually exclusive. Not only do they overlap to each other but sometimes may coexist
as part of overall system in the society. These various aspects of approaches gave
different shades to theories.
B. OBJECTIVE OF THE STUDY:
To make descriptive and analytical study about theories of punishment.
Understand the applicability of theories of punishment .
To provide adequate information about theories of punishment to the readers.
C. HYPOTHESIS:
Theories of punishment has changed with changing society and new theories
have evolved to maintain the law and order in the society
Several theories have been condemned by some authors while some of them
have been appreciated.
D. RESEARCH METHODOLOGY
Doctrinal method :- Books, internet, journals, judgements etc.
Researcher is mainly rely on library based study.
E. SOURCES OF DATA COLLECTION:-
Primary sources- judgements of apex court, provisions of Indian penal code,
statute, precedent & other official document.

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Secondary sources- statement of judges, websites, articles, news paper, books,
journals etc. .
F. LIMITATION & SCOPE OF THE STUDY
Due to lack of time, finance and lack of resources my research work is wholly
based on doctrinal method of research, my research work doesnt rely on non-
doctrinal research or empirical research.
For further research this can be a means of doctrinal research.
G. TENTATIVE CHAPTERISATION
1. Introduction:
2. Theories of Punishment
3. Retributive theory of punishment
4. Reformative theory of punishment
5. Deterrent theory of punishment
6. Preventive Theory
7. Expiatory Theory
8. Reformative Theory as Therapeutic Approach to the law
9. Conclusion, Criticism and Suggestion

BIBLIOGRAPHY:-

Books:-
Criminal law- PSA Pillai, 12th edition, lexis- nexis
Indian Penal Code - Ratanlal & Dheerajlal, 34th edition
Bhattacharya, Prof. T , Indian Penal Code, 5th Edition, Central Law Agency,
Allahab ad, 2007.
Gandhi , B. M , Indian Penal Code, 2ND Edition, Eastern Book Company,
Lucknow, 2006.
Tandon, Mahesh Prasad, Indian Penal Code, Allahabad Law Agency,
Faridabad, 200 6.
Gaur, Shri Narain, Indian Penal Code 1860, Dwivedi & company, Allahabad,
2005.
Gaur, k. D , Indian Penal Code, 3RD Edition , Universal Law Publishing Co. ,
Delhi, 2008

Webliography:-
http://www.lawctopus.com/academike/right-private-defence
http://www.legalserviceindia.com/article/l470-Private-Defence.html
http://indianlawcases.com/Act-Indian.Penal.Code,1860-1526
https://indialawyers.wordpress.com

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