Reformative Theory Of Punishment

Anushk Amrit, Sai Nath University, Ranchi

ABSTRACT

An eye for an eye will turn the whole world blind” – Mahatma Gandhi, this line by Mahatma Gandhi is the thrust of this theory.As Hobbes said, people in the state of nature are evil, cruel and have a short life. Locke observed that people in a state of nature agree on a social contract to establish a formal law. In Rousseau’s view, the social contract was for the protection of property and for liberty. Thus from the very beginning of the origin of the state the concept of crime and ways to prevent it or else punish the wrongdoer existed. The penal system is an integral part of criminal justice and is meant to maintain social security. The theory, method and motive of punishment have changed as a result of the progress of civilization.

Punishment can be used as a method of reducing the incidence of criminal behavior by either deterring or disabling potential offenders and preventing them from repeating crime by improving them into law-abiding citizens. Thus, the principles of punishment include policies regarding dealing with crime and criminals. These are classified into 4 types. These are not all mutually exclusive and each of them plays an important role in dealing with potential offenders.

The principles of punishment are: i) Retribution principle ii) Preventive principle iii) Deterrent principle iv) Reform principle

The paper also throws some light on the reformist theory in the Nepalese penal system.