![]() Personal Website of R.Kannan |
Home | Table of Contents | Feedback |
The word 'punishment' is the antonym of 'reward'. Benefits secured by lawful action performed are permitted, but not through actions prohibited by the Code. Illegal actions should result in punishment. One should not earn any benefits or satisfaction out of such acts. Law is the string that binds society, and he who attempts to break the string is a danger to the society as a whole and dealt with sternly by the powerful arms of law. Why Punishments? What are the objectives or usefulness of awarding penalties to those who commit offences? Is it to derive a negative relief or to satisfy the urge for revenge? Punishments under the law are inflicted for crimes as part of rendering justice after satisfying an objective process of law and duly proving the guilt of the accused. Law makers have recognised the following objectives for awarding punishments to the offenders:
Those who commit a crime, it is assumed, derive a mental satisfaction or a feeling of enjoyment in the act. To neutralize this inclination of the mind, punishment inflicts equal quantum of suffering on the offender so that it is no longer attractive for him to carry out such committal of crimes. Pleasure and pain are two physical feelings or sensation that nature has provided to mankind, to enable him to do certain things or to desist from certain things, or to undo wrong things previously done by him. It is like providing both a powerful engine and an equally powerful brake in the automobile. This is the theory of power vs. control. Impelled by taste and good appetite, which are feelings of pleasure a man over-eats. Gluttony and surfeit make him obese and he starts suffering disease. This causes pain. He consults a doctor and thereafter starts dieting. But for the feeling of pain, as a sensation in our body, there will be no corrective mechanism and human body will perish by its own excess actions. In social life punishment introduces the element of 'pain' to correct the excess action of a person carried out by the impulse (pleasure) of his mind. We all like very much to seize opportunities, but abhor when we face threats. But in reality pain, threat or challenges actually strengthens and purifies a man and so an organization. But for the threat from China and Pakistan, will our country turn so self-reliance and possess an assertive power to defend ourselves? While a person goes on seeking pleasure, he also takes steps to avoid pain. This is a new system of political philosophy and ethics developed by Jerome Bentham and John Stuart Mill in the 19th century called Utilitarianism. It postulates human efforts towards "maximisation of pleasure and maximum minimisation of pain" as the goal. "The main ethical imperative of utilitarianism is: the greatest good for the largest number of people; or the greatest number of goods for the greatest number of people" (Quoted from Eco-Ethics and World Ethics by Henryk Skolimowski -Web site - http://www.hope-wave.org/engelska/ethics.asp) To act as deterrence: The fear of consequent punishment at the hands of law should act as a check from committing crimes by people. The law violator not merely gets punishment, but he has to undergo an obnoxious process like arrest, production before a magistrate, trial in a criminal court etc. which bring about a social stigma to him as the accused. All these infuse a sense fear and one thinks twice before venturing to commit a crime, unless he is a hardcore criminal, or one who has developed a habit for committing crimes. a preventive measure Death penalty prevents the criminal once for all from committing further crimes. In India Supreme Court has given guidelines that death penalty should be awarded only in rarest of rare cases. Imprisonment also temporarily isolates the offenders from society and provides a period of cushion to mend themselves and restart a new life. By way of retribution: Punishment of the offender provides some kind solace to the victim or to the family members of the victim of the crime, who has suffered out of the action of the offender and prevents reprisals from them to the offender or his family. By way of compensation: This theory becomes valid, when the punishment includes some compensation, like the award of damages for the victim or his family for the injury suffered by him. To act towards reforming the accused: Punishment is to act as a shock treatment. The offender has earned a social disgrace. He has to rehabilitate himself. He is to be made to feel bad for his own action. This will make him to try to turn a new leaf to become acceptable to the society as a law-abiding citizen. This theory to be successful, a humanistic approach has to be adopted in dealing with prisoners undergoing imprisonment. They must be properly counseled to turn into good citizens. An indication of the success of this effort will be that the same person will not be visiting the prison again for the second and third or subsequent times. The aim of punishment should be to make it possible to rehabilitate the offender and turn him/her a useful member of society. The Indian Penal code lists out all recognised offences of various categories under chapter VI to chapter XXII. Offences are grouped under broad categories and punishment for offence covered under particular sections is given in the next section or sections. Punishment for abetment of those who commit crimes is also an offence and attracts penalty under chapter V and attempts to commit crimes is covered by Chapter XXIII, the last chapter of IPC. < Chapter III. Section 53 of this chapter lists various punishments prescribed under the ACT. It reads as under:
Additionally Section 73 of the ACT defines one more category punishment, i.e. solitary confinement Various guidelines as to how the different punishments are to be awarded is covered under chapter III.
It is an irreversible punishment There is growing view against awarding death sentence. Some of the democratic countries of western Europe have abolished death sentence, but it is still in the statute books in India and in the U.S.A., the two biggest democracies of the world. The Supreme Court of India has laid down that death penalty is to be inflicted, even when so allowed by law, only in the rarest of rare cases. The IPC also vests the appropriate Government power to commute death sentence awarded to offenders to any other punishment provided by the Code, without the consent of the offender. (Section 54). There is a growing opinion even in the USA against the unfairness of death sentence. It is apt to quote from an article on 'Death Penalty' by John Albert:
Those interested to learn more from this author on the subject may please access his web site http://www.oocities.org/Athens/Forum/8512/death.html. The maximum period for which imprisonment can be awarded for an offence is 14 years & minimum is one day's simple imprisonment. Solitary confinement is very rarely inflicted. When inflicted, it cannot be for more than 14 days at a time. Section 74 of IPC provides as under:
This form of punishment has now been abolished as per Indian Penal Code (amendment Act) 1921, except in case of following offences -
When no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited but it cannot be excessive. (section 63) | |
|