Theories Of Punishment: Their Relevance In Criminal Law

Written by: Akshita Agarwal , B.A.LL.B (2^nd Year ) , IILM University, Greater Noida

Abstract

Punishment sits at the centre of criminal justice and shows how society reacts to harm through moral, legal, and social means. Over time, thinkers and judges have set out different ideas about why we punish: to give moral payback, to stop others from doing wrong, to keep dangerous people away from society, to fix or reform offenders, and to heal victims and communities. Each idea has its own aim, whether it is fair revenge, cutting crime rates, or helping the wrongdoer change. This paper looks closely at these ideas and how they are used in real law today, with special attention to India’s changing legal rules under the Bharatiya Nyaya Sanhita (BNS) 2023. It studies key court decisions like Bachan Singh v State of Punjab and Sunil Batra v Delhi Administration to see how courts balance life and death penalties, prisoner rights, and humane treatment. The paper also weighs the strong points and the weak spots of each theory and shows how modern sentencing often mixes ideas to reach fair outcomes. By examining how courts apply proportional punishments, promote rehabilitation programs, and explore restorative options, the study reveals that blended models are prevalent in practice. The research finds that a balanced, multi-theory approach, rooted in fitting punishments, opportunities for reform, and steps to repair harm, best meets the goals of fairness, deterrence, and reintegrating individuals into society in today’s legal world.

Keywords: punishment theories, retributive theory, deterrent theory, preventive incapacitation, reformative theory, rehabilitative theory, restorative justice, expiatory theory, hybrid approaches, sentencing policy, Indian criminal law, Bharatiya Nyaya Sanhita 2023, rarest of rare doctrine, proportionality, criminal justice system

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Volume 2 | Issue 1