Objectives of Penology-: Punishment-In Older Times, Focus Was On

Essence of crime and punishment- Ceaser Beckaria
The earlier punishment system was so cruel that the penology needs to be changed.
Sect-303-
Dr.P.K.-
Penology is a part of criminology.
Punishments, treatment of offenders, ………
Based on the gravity
-Objectives of penology-
i) The protect the society against the criminals by inflicting punishments as per the existing laws
When a court is punishing for a wrong- court shouldn’t give any soft sentences. Soft sentencing
justice is a gross injustice rather.
ii) Administration of penal measures- For say, whether it is a rigorous and simple imprisonment
iii) For infliction of appropriate punishment- Should not create a shock in the society, on the basis of
Salient features of Penology-
Coined by various jurists-
1. Penology is the technique of punishment and to bring reform in criminals

2. It is the function of criminology to formulate affection and construct technique to maintain
social peace and security. - To suppress crime and criminals
3. Peno. Helps in managing institution of reforms and corrections
4. Besides, helping reform in the criminal, it also helps in bringing social harmony
5. It formulates certain collective to bring certain reforms in the society.
Relation b/w criminology and penology-
w/t criminological aspect, penoly cant be read
-Penology- It deals with punishment mechanism and all
-Criminology- theories as to why people commit crime, devise methods by which criminals are
punished, how to control the crime.
-Vaft- Criminoly is prevention of crime, punisments given to them.
- Purpose of Punishments –
Punishment- Any pain, penalty, suffering or confinement inflicted upon any person by authority of
law and the judgment/ sentence by court for his act/ omission of breaking the law.
-Oxford-
Punishment-
In older times, focus was on -
-There is a wrong
-This is a suffering
-So, one has to be punished.
Ex of bigamy- only punishable in Hindu or India or depends.
-Ancient time. Mughal time. Britishers (Macaulay)
So, objective was to set an example for the society.
During ancient time, punishment was
…………………..
Every punish. Should be proportionate to the crime in intensity. Based on which there are
various types of punishment-
S-53
Death
Life impr. -
Imprisonment- rigorous or simple
Forfeiture of prop.
fine
S-73,74- solitary confinement.
Act-26 of 1995- transportation of life has been removed.

1. Jagmohan V St. of UP
2. Bacchan Singh V. St of Punjab (1980)
3. Macchi Singh V St. Punjab (1983)
Principle in these cases is that only in rarest of rare case and whether it is a grave offence.
Where death sent. Has been given, whether alternate punishment be given-
S-303- v
S-194, IPC- One of the punishments of giving evid. Against an innocent person may lead to
death penalty.
Gravest of offence in IPC have the penalty as death penalty.
……
-Jagmohan Singh V UP (1973)- the const. validity was challenged that is violation of Art-
14,19 and 21.
-Under what circumstances should a judge give what punishments?
- For a particular Offence there cant be
-No guiding principles were given.
Bachacha Singh – SC reaffirmed Jagmohan singh case that death penalty is not violative of
any consti. Right.
Court must regard due consideration to both the crime and the criminal
Relative weight must be given to both aggravating and mitigating factors.
Macchi singh V. st of Punjab- Theory of rarest of rare case, when communities collective
concise is so shocked that it expect the court to give death penalty, the court should give it.
Manner of commission of an offence- when it is commited in extremely brutal manner
Motive for commission of offence
Anti-social nature of the person committing the crime-
Nature of the crime, e.g., mass killing of a race, caste-
Magnitude of the crime- Whole family or a locality, someone killed a no of persons
Personality of the murderer, e.g., public figure-
…………………..
In KM Nanavati- said
Case-
IPC amend act,1921-
S-126,127,169- forfeiture of prop.
…………………
Deterrent theory- to create a fear in the mind.
Based on deterrence theory model- imposing capital punishment
Introduction:
Majorly, the two classifications of theories are utilitarianism and retributivism. Utilitarianism
is often regarded as competent for the task of justifying punishment to society in terms of the
attainment of some greater good, it seems entirely inadequate when it comes to formulating a
justification to the criminal to explain why he has been singled out for punishment.
Reformative theory overcomes these limitations and has now widely been accepted as the
sole object of Criminal Law.
A crime is committed as a result of the conflict between the character of a man and the
criminal motive. One may commit a crime either because the motive is stronger or the
restrain imposed by his character is weaker. The reformative theory aims at strengthening the
character of the man so that he may not become an easy victim to his own temptations.
Research questions:
The main objective of this paper is to analyse-
I. Why focus must be on the reformation of the criminal and not on inflicting pain and
suffering?
II. Does the death penalty serve any purpose other than retribution?
III. How criminal law has evolved from retribution and deterrence mindset to more of a
reformative society?
Chapterization:
I. The Theory of Punishments
II. Reformative theory
III. Death Penalty
IV. Probation
V. Shortcomings of Reformative Theory
VI. Conclusion
References:
I. Ram Narain v. State of Uttar Pradesh, A.I.R. 1973 SC 2200.
II. Critical Analysis of Theories of Punishment, http://jsslawcollege.in/wp-
content/uploads/2013/05/CRITICAL-ANALYSIS-OF-THEORIES-OF-
PUNISHMENT1.pdf
III. §303, Indian Penal Code, 1860.
IV. Mithu v. State of Punjab, A.I.R 1983 S.C. 473.
V. Getting the hang of death penalty, The Hindu,
https://www.thehindu.com/news/cities/Delhi/getting-the-hang-of-death-
penalty/article31086083.ece#:~:text=Law%20Commission%20reports,of%20capital
%20punishment%20in%20India.&text=About%20half%2Da%2Dcentury
%20later,any%20more%20than%20life%20imprisonment.
Sec-26, 29-35, CrPC (Courts)
Sec- 62-68, CrPC (Default sentencing)
.
Sect-265A- plea bargaining
………………………………….
22/3/21
St of Guj. v Laxman
S-279/ 304A, IPC
Guj HC took no. of steps against lower judiciary.
Lower jud. Just found out the guilt but didn’t give the accused just punishment.
Kasambhai Sheik V. St of Guj.

When a person can be awarded plea bargaining?
Offence wherein the punishment is less than 7 yrs.
Not against children below 14 yrs, against women and socio-economic nature.
…….
Alternate
Probation, with fine, w/t fine,
………..
Probation-
S-360 CrPC and Sec-6 of Probation of Offender Act, 1958.
Manner of commission be looked to decide whether to give probation or not.
..
If bond violated, probation be cancelled. - putting check on activities of a person
Mam probation is of 3 yrs.
1st class mag can give probation of max 1 yr and fine of 500.
S-361, CrPC-
Don’t use call-in- user?
Research gap?- scope and limitations. Introduction. Chapterization
Why you wanna research on this topic?

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Essence of crime and punishment- Ceaser Beckaria

Penology is a part of criminology.

Punishments, treatment of offenders, ………

Based on the gravity

Salient features of Penology-

Coined by various jurists-

1. Penology is the technique of punishment and to bring reform in criminals

Relation b/w criminology and penology-

w/t criminological aspect, penoly cant be read

-Penology- It deals with punishment mechanism and all

-Vaft- Criminoly is prevention of crime, punisments given to them.

Act-26 of 1995- transportation of life has been removed.

Kasambhai Sheik V. St of Guj.

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