Introduction –
Every society has its own set of punishments to regulate the crime rate prevalent. These punishments are awarded to curb the crime rate and also prevent the further commission of the same crime. By awarding punishment to the offenders, examples are set before the society or the common people that if they repeat the offence then they will also be punished similarly. Majorly there are four theories of punishment: deterrence theory, retributive theory, reformative theory and preventive theory.
Preventive Theory-
The Preventive Theory of punishment was actively seconded by utilitarian like Bentham who was of the view that preventive measures should be used to prevent further commission of crime. Under this theory, prompt investigation is one of the key factors to make punishments effective. This theory of punishment works on the idea of instilling fear to the offender so that he does not repeat the offence in the fear of the punishment. It basically discourages the offender from doing the crime. Death penalty and life imprisonment are some of the punishments awarded under this theory.
Extreme penalty is awarded so that the probability might not repeat such heinous act ever again. The offender of brutal crimes like murder and rape is thought as a threat to lives of the people. Therefore, they are asked to segregate themselves from the society. Earlier, maiming was considered as a successful practice to prevent the same crime. Under this, the offender was dismembered from the part of his body that has committed the offence.
After due observation and analysis, it can be inferred that this theory of punishment works in the following ways:
- By instilling fear of punishment among all the possible offenders.
- By making the offender incapable of committing any offence further.
- By rehabilitating the offender so that he may not commit an offence ever again.
“The purpose and justification of a sentence of imprisonment or a similar measure derivative of liberty is ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is used to ensure, so far as possible, that upon his return to society, the offender in not willing, but also able, to lead a law – abiding and self – supporting life.”[1]
This theory has direct nexus with the deterrence theory and the reformative theory as the preventive theory first stop the commission of crime by disabling and then rehabilitating the offender so that he does not repeat the crime. In Dr Jacob George v. State of Kerala[2], it was held that the objective of punishment is four – fold. Firstly, it deals with retribution for the crime which is followed by prevention and further by deterrence that is to stop him from further committing any crime. The last fold is of reformation that is to transforming the offender into a better individual.
Types of Prevention –
The prevention of crime as under the preventive theory can be of two different natures. The temporary prevention means limited disablement which can be imprisonment for particular time duration whereas permanent prevention refers to unlimited disablement that is life imprisonment and death penalty.
Thus, we can conclude although the nature of preventive theory is brutal to an extent but it is majorly awarded for heinous crimes. It deters further commission of crime by disabling it. All the theories of punishment are closely interlinked and work together to maintain the social order and public peace.
Sources:
[1] Rule 58 International Standard Minimum Rules.
[2] Dr Jacob George v. State of Kerala, 1994 Cr.L.J. 3851 SC
This blog is written by Jaya Singh, Amity University.
Some of her blogs-
- MISCHIEF under Indian Penal Code
- Offences Relating To Election under IPC
- Bigamy and Cohabitation
- Unlawful Assembly & Rioting with Affray
- The doctrine of Double Jeopardy
Visit our Instagram page @lawyergyan at this link.
