(1) Introduction:-
The most prominent and basic aim of law is to achieve justice and this aim can be achieved through administration of justice. As human beings started coming out of period of ignorance and darkness, achievement of justice had been considered necessary. Even almost all religions are based on administration of justice and one of their objects is to provide justice. With the passage of time, it had been decided that law should be enforced indiscriminately, violators of law and rights should be punished, and remedy should be provided against violation of rights.
All these decisions had been made to avoid and check lawlessness in human society. To achieve these objects, administration of justice had been evolved on strong basis as human history ran forward, and scholars have suggested that it is state, which is responsible for establishing administration of justice on strong basis and for punishing wrong doer, but cooperation of people is necessary for fulfilling this responsibility.
(2) Definition Of Punishment:-
Punishment can be defined as a sentence, which is imposed on a criminal wrong doer through judgment of court especially when criminal wrong doer is found guilty of violation of law. Such sentence can be imposed against violator of law through various kinds of sanction like fine, penalty, confinement or loss of property, right or privilege.
(3) Different Theories Of Punishment:-
There have been differences among scholar as far as nature and intensity of punishment are concerned. And these differences have led to origin of different theories of punishment. These theories are:
(i) Deterrent theory
(ii) Preventive theory
(iii) Reformative theory
(iv) Retributive theory
(v) Expiative theory
(vi) Compensatory theory
(vii) Denunciatory theory
(viii) Utilitarian theory
(i) Deterrent Theory:-
According to this theory, criminal wrong doers should be awarded severe punishments like punitive damages and punitive detention. The central point of this theory is that punishment should be so severe to deter not only the wrong doer but also others from committing crimes so that occurrence of crimes should not be repeated.
(i-a) Criticism Against Deterrent Theory:-
Different scholars have greatly criticized deterrent theory due to different reasons: one main reason is that imposition of severe and cruel punishment finishes fear of punishment in mind of wrong doer and, in fact, makes him so hardened, ferocious and uncivilized to repeat crime or commit other crimes.
(ii) Preventive Theory:-
This theory suggests that punishment should be intended to prevent a repetition of wrong doing by disabling offender of law. In simple words, main purpose of this theory is not only to punish offender but is also to prevent occurrence of offences. For achievement of this purpose, offender is awarded such punishments as death, exile etc. In fact, preventive theory does not concentrate on motive of offender, but believes to disable his/her physical power to commit or repeat the offence.
(ii-a) Criticism Against Preventive Theory:-
Central point of criticism against preventive theory is that punishments suggested by this theory put offender into constant association of habitual offenders, and suph association causes more crimes.
(iii) Reformative Theory:.-
Basic principle of this theory is that punishment sho intended to change character of offender particularly through education, training and psychological treatment. This theory believes that crime is a psychological disease and this disease can be cured by psychological treatment of offender. For offender should not be punished only for wrong doing, but should treated and educated psychologically so that he starts hating offences
(iii-a) Criticism Against Reformative Theory:-
For achievement of purpose of informative theory, only punishment is not sufficient, but psychological treatment is also necessary to bring change in character and mind of offender. But here criticism is that such change cannot be brought in prison or jail.
(iv) Retributive Theory:-
This theory suggests that punishment should be intended to satisfy peoples retaliatory sense against occurrence of offence. In primiti ve periods of human history when there existed no power to enforce law and provide justice against some wrong doings, punishments were of retributive nature: an affected person, against whom some crime was committed, usually retaliated against criminal in the same manner which was adopted to commit crime against the affected person. This theory believes that occurrence of offences gives birth to emotions of revenge in the mind of affected person and such emotions can only be pacified by awarding punishment in the same manner in which offence is committed. Initially, it was affected persons, who took such retaliation, but as the time passed, it has now become a state-matter to make such retaliation.
(iv-a) Criticism Against Retributive Theory:-
Main criticism against retributive theory is that it is not possible to extinguish first wrong doing through second wrong doing as committing of second wrong doing in revenge of first wrong doing leads to birth of second injustice. Therefore, punishment should not be awarded for purpose of retaliation and revenge, but for betterment of offenders.
(v) Expiative Theory:-
According to this theory, occurrence of a crime creates a kind of debt, which offender has to pay for violation of law. And such debt can be paid only through imposing punishment on
(v-a) Criticism Against Expiative Theory:-
It is criticized that expiative theory like retributive theory is also based on vengeance, but such vengeance is nowhere appreciated in law.
(vi) Compensatory Theory:-
Basic philosophy of this theory is that offender of law should not be allowed to enjoy benefits of violation of law. Therefore, offender should be made bound to return these benefits, which he derives from violation of law. This theory believes that if offender is allowed to enjoy such benefits, this permission will eventually lead to further occurrence of crimes.
(vi-a)Criticism Against Compensatory Theory:-
Main criticism against compensatory theory is that the kind of punishment, which is suggested by this theory, puts the poor Offender under financial burden and allows the rich offender to commit crimes again and again as rich offender can pay compensation easily due to his/her rich financial resources.
(vii) Denunciatory Theory:-
According to this theory, awarding of punishment develops condemnation and hatred against offender of law within a society. In fact, morality is base of this theory.
(viii) Utilitarian Theory:-
This theory believes that punishment should be used as an instrument for minimizing occurrence of violations of law and any approach can be adopted to achieve this object. The followers of this theory, on the one hand, believes in awarding punitive punishments and, on the other hand, suggests that any theory can be applied for minimizing chances of occurrence of crimes.
(4) Conclusion:-
To wind up this debate about punishment, it can be concluded that punishment should be awarded not for punishing violators of law, but for achievement of good consequences i.e. betterment of offender, civilization of society, and satisfaction of the affected person.