Theories of punishment: deterrent, retributive, preventive, reformative and compensatory, and the theory modern criminal law follows
LUG-106 Substantial Law of Crimes-I (The Bharatiya Nyaya Sanhita, 2023 - I), Unit I: Theories of punishment. · LLB · 60 min
Why does the State punish, and how much? The five theories of punishment (deterrent, retributive, preventive, reformative, expiatory or compensatory), the thinkers behind each (Bentham, Kant and Hegel, Gandhi), their criticisms, and the way Indian law mixes them: the rarest-of-rare rule of Bachan Singh, minimum sentences, probation, juvenile justice, victim compensation under the BNSS, and community service, the new sixth punishment in s. 4(f) BNS. Asked in 2024-25 Q1(b) and 2025-26 Q2(c).
Objectives
- Explain each of the five theories of punishment with its leading exponents and its criticisms
- Contrast the utilitarian (forward-looking) and retributive (backward-looking) justifications
- Connect each theory to a provision of the BNS or the BNSS
- Explain how Bachan Singh, Mithu and the reformative cases shape Indian sentencing
- Argue which theory modern criminal law follows and defend the answer in exam form
Slides
- What punishment is, and the questions the theories answer
- The deterrent theory: Bentham and the arithmetic of pain
- The retributive theory: just deserts, lex talionis and proportionality
- The preventive theory: disabling the offender
- The reformative theory: hate the sin, not the sinner
- Community service, s. 4(f) BNS: the reformative innovation of 2023
- The expiatory and compensatory theories: the offender's conscience and the victim's loss
- Utilitarian against retributive: the debate, and why it matters
- Which theory does modern criminal law follow?
- How the examiner asks it
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