Punishments under Section 53.

The punishments to which offenders are liable under the provisions of this Code are:

Firstly, Qisas;

Secondly, Diyat;

Thirdly, Arsh; 

Fourthly, Daman;

Fifthly, Ta’zir; 

Sixthly, Death; 

Seventhly, Imprisonment for life; 

Eighthly, Imprisonment which is of two descriptions, namely:–

(i) Rigorous, i.e., with hard labor;

(ii) Simple;

 Ninthly, Forfeiture of property;

 Tenthly, Fine

 First five punishments are added by amendments and are Islamic Punishments.

Objects and purposes of punishment

The object and purpose of punishment is the prevention of crime and every punishment is intended to have double effect, viz, to prevent the person who has committed a crime from repeating the act or omission and to prevent other members of community from committing similar crimes. The main object of awarding punishment for of-fences is to create such an atmosphere which may become a deterrence for the people who have propensities towards crime and thereby prevention of of-fences so that the society in which all the members have to live may not feel suffocated, disturbed and prone to unsealing environment. The measure of punishment therefore, must vary from time to time according to the condition of a particular crime and other circumstances. The object of punishments being preventive, Penal policy of state should be to protect the society.

Theories of punishment:

1. Deterrent

According to this theory the punishment is awarded to deter people from committing the crime. Emotion of fear plays a vital role in man’s life. The people fear to commit the crime because it will render them to suffer. The fear of punishment put a check not only on criminal from committing further crime but also on all other evil minded. In spite of its weakness this has not entirely been eliminated from the policy of modern court of criminal justice. Hegel strongly supported this theory.

2. Retributive

The theory is based on the principle of an eye for an eye and tooth for tooth. The offender should be punished according to the nature of injury caused by him to the victim. In other words punishment should be in proportion to the injury caused by the accused. This theory does not look to the motive but to the intention in committing the crime. According to Salmon, t suffer punishment is to pay a debt due to the law that has been violated.

 3. Preventive

This has also been called theory of disablement as it aims at, preventing the crime by disabling the criminal. In order to prevent the repetition of crime, the offenders are punished with death, imprisonment for life. For example, a murder is committed by A and he is punished. Here A is punished not for having committed the murder, but in order that no further murder be committed. This theory has been commented by many writers on the ground that prevention of crime can also be done by reforming the behavior of the criminal.

4. Reformative

The object of punishment according to this theory should be to reform the criminals. The crime is a mental disease which is caused by different anti-social elements. Therefore, there should be a mental case of the criminal s instead of warding them severe punishment. Much truth lies in the statement that to open a school is to close a prison. if a persons of criminal mind are educated and trained there will be a little or not at all possibility of any crime being committed by them. The punishment therefore should be curative or corrective because nobody could be cure by killing. In modern times much importance is given to reformation or rehabilitation of the criminals. Especially the young offenders in whose case this theory has very successfully applied. This theory has however failed in the cases of professional and habitual offenders.

Advertisements