A
PROJECT REPORT
ON
“THEORY OF PUNISHMENT IN INDIAN JUDICIARY”
Submitted to for the award of the degree
Of
LLM – IV Semester
2020
Submitted To: Submitted By:
Dr. Rajiv Kumar Chaurasiya Mohd. Shanwaz Khan
Faculty of University Roll No.: 181075940
Gwalior University LLM IV Sem
GWALIOR LAW COLLEGE, GWALIOR
DECLARATION
I hereby declare that the work reported in the LLM Project Report entitle “Theory of
Punishment in Indian Judiciary” Submitted at Gwalior Law College, Gwalior is an authentic
record of my work carried out under the supervision of Dr. Rajiv Kumar Chaurasiya.
I have not submitted this work elsewhere for any other degree or diploma. I am fully responsible
for the contents of my Project Report.
(Signature of the Candidate)
Mohd. Shanwaz Khan
Roll No.: 181075940
LLM-IV Sem
ACKNOWLEDGEMENT
Any project completed or done in isolation is unthinkable. This project, although prepared by
me, is a culmination of efforts of a lot of people. Firstly, I would like to thank our Professor Dr.
Rajiv Kumar Chaurasiya for, helping me in making the project on “Theory of Punishment in
Indian Judiciary” for his valuable suggestions towards the making of this project.
Further to that, I would also like to express my gratitude towards our seniors who did a lot of
help for the completion of this project. The contributions made by my classmates and friends are,
definitely, worth mentioning.
I would like to express my gratitude towards the library staff for their help also. I would also like
to thank the persons asked for help by me without whose support this project would not have
been completed.
I would like to express my gratitude towards the Almighty for obvious reasons. Moreover,
thanks to all those who helped me in any way be it words, presence, Encouragement or blessings.
EXECUTIVE OF SUMMARY
Sanction is an essential incident of law Punishment is a social custom and institutions are
established to award punishment, after following criminal justice process. Governments
prohibiting life, liberty or property of others and specifies the punishments, threaten those who
break the law. Criminologists hold the view that certainty of punishment is more important than
the severity. How- ever, punishment shall prevent crime, it shall sustain the morale of confirming
and it shall reform the offender at the same time.
Of the theories of punishment namely, retributive, deterrent, preventive and reformative, the first
two theories, being the philosophies of classical and neo-classical schools advocate the retention
of Capital Punishment. While the last viz., reformative theory, the product of positive school is
against the death penalty. Retributionist argue that death will satisfy the public and keep them
away from taking the law into their hands. Deterrent theory suggests that punishment is designed
not to take revenge but to terrorize the future offenders, thus explaining the necessity of carrying
out the execution of the offender. Preventive theory which is known as incapacitative theory
also, is a two edged weapon used for arguments of retentionists as well as abolitionists.
Reformative theory which used mass meth- ods to reform the criminals in the last century
resorted to individual treatment, in the present century. This theory advocates that punishing the
offender is as good or as bad as punishing a cancer patient. It serves no good.
The retentionists interpret the retributive and deterrent theories in such a way to suit their
arguments. They advocate the retention of Capital Punishment on moral, ethical and religious
grounds. Abolitionists argue on the otherhand in favor of abolition on the same sounds as that of
retentionists.
INTRODUCTION OF THE TOPIC
The sword represented in the statute of Goddess of Justice- Iustitia conveys the idea that justice
can be swift and final. This idea is very well reflected in the justice delivery system through the
concept of punishments. Penal laws have played a very significant role in balancing peace and
harmony in the society. The purpose behind writing this draft is to analyze various forms of
punishments that have originated from time immemorial. The topic is interesting because it
conceptualizes various modes of punishment and their role in shaping the society. The problem
sought in the draft is to categorize different kinds of punishments based on theories and origin.
At the same time, various landmark precedents in reference to capital punishments have been
analyzed. The research methodology used is descriptive. It can be concluded that punishments
have been changed from time to time as per the needs and demands of the ever-changing society.
OBJECTIVES
The objectives of this research work are:
To have an understanding of different kind of punishment.
To know about various kind punishment given under Indian Penal Code.
To analyze whether the current legislations and penal laws are sufficient enough to
manage the crimes in the ever developing digital society.
HYPOTHESIS
1. Under IPC, the maximum punishment is given but not the least
2. The kinds of punishment under IPC are not sufficient to curb all kinds of crime.
RESEARCH METHODOLOGY
References in the project will be taken from web journals, articles, newspaper, websites and
books. However every reference will be taken in an unplagiarised manner and due credit will be
given to each source in the bibliography section. Views would be presented on each topic with
no outsourcing of facts. Every view presented will be completely original in form of comments
and the facts and other contents will be interpretation of authentic materials. The reason for
choosing doctrinal way of research is because this is such a topic on which facts and data is
already available and it depends on an individual that how he interprets such facts. No discovery
or invention of facts is required for this topic of project.
SOURCES OF DATA
The researcher has utilized the primary and secondary sources of information in the project. The
primary sources include judicial enactments, international enactments etc. The secondary sources
books, web journals, magazines, articles and blogs.
