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Deterrence

PUNISHMENT VS. PREVENTION OF ACID ATTACKS: A STUDY OF DETERRENCE UNDER THE BHARATIYA NYAYA SANHITA, 2023 WITH SPECIAL REFERENCE TO REHABILITATION OF SURVIVORS

PUNISHMENT VS. PREVENTION OF ACID ATTACKS: A STUDY OF DETERRENCE UNDER THE BHARATIYA NYAYA SANHITA, 2023 WITH SPECIAL REFERENCE TO REHABILITATION OF SURVIVORS Yashveena, Amity Law School, Amity University, Mohali, Punjab, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.126 Acid attacks are one of the most severe forms of gender-based violence in India and causes severe harm to a survivor, both physically and psychologically and also causes a huge drain on the victims. Despite legislative reforms as well as judicial interventions, the continuing frequency of the attacks raises an important question on the current evaluation of the corrective framework, especially under Bharatiya Nyaya Sanhita, 2023. This paper raises the question as to whether the continuing debate between corrective (penal) and preventative strategies regarding acid violence is grounded on the adequacy, or else, of corrective provisions in the BNS. This study totally analyses through relative and doctrinal methodologies, statutory law, judicial precedents, and the applicable criminological propositions of deterrence. It places Indian legal responses within a wider transnational environment, drawing on relative perceptive.   The lesser part of the analysis is to be devoted to survivor recuperation and about differing the aspirational ideals of law with the practical challenges of victims, similar as systemic neglect, inadequate medical care, lengthy processes for compensation, and social ostracization. The exploration therefore aligns statutory provisions with their perpetration and hence demonstrates the gap between justice in proposition and justice in practice. It’s thus set up that although the corrective provisions have handed stronger legal frame under BNS, they’re still shy in the absence of inversely strong preventative- acquainted mechanisms similar as strict regulation of trade of acid, community alert, and comprehensive survivor-centered recuperation programs. The study thus concludes on the note that rehabilitation needs to be considered as a basic constitutional right under Article 21 and only that holistic, survivor-acquainted strategy, incorporating discipline, forestallment, and rehabilitation will achieve real justice over acid violence cases.  

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

AN ANALYSIS OF THEORIES OF PUNISHMENT AND ITS RELEVANCE IN THE ADMINISTRATION OF JUSTICE IN INDIA Kandukuri Lakshmi Priya, Student at Alliance university Download Manuscript ABSTRACT 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. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 398-421. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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