AN ANALYSIS OF THEORIES OF PUNISHMENT AND ITS RELEVANCE IN THE ADMINISTRATION OF JUSTICE IN INDIA

Society enforces rules, and violators face punishment for various reasons. Theories of punishment outline the reasons or objectives for punishment, which can be awarded to offenders for various reasons within society. The paper delves into an in-depth analysis of various theories of punishment and their application within the Indian justice system. It investigates punishment theories such as deterrence, retribution, prevention, and expiation, offering insight on their philosophical foundations and implications for India’s justice system. The paper critically analyses these theories, assessing their compatibility with the Indian legal system and their efficacy in combating criminal behaviour. The paper presents a detailed overview of the evolution of punitive measures in India by dissecting its historical viewpoint, from ancient times to the medieval period. Furthermore, it covers the evolution of India’s existing legal system, with a focus on a reformative approach to criminal justice. The Indian Constitution’s role in defining criminal justice and governance is also underlined, with a focus on protecting individual rights, victims’ rights, and accused persons’ rights. This analysis tries to add to a comprehensive understanding of the complexity surrounding the Indian justice system and the various ideas of punishment that drive it. This paper also looks into the recent developments in the justice system, as the new criminal laws have been introduced and to be affected with an intention to modernise the justice system. The paper utilises the literature available to analyse the effect of the theories of punishment in administration of justice in India.