AUTHOR : HASHIM AK , BBA LLB(HONS) STUDENT, GOVERNMENT LAW COLLEGE KOZHIKODE
Abstract
This article is about the punishments available in India.This article shed lights on the concept of punishment, types of punishments, analysis of current scenario through the critical evaluation.This article is about the availability and presentability of punishments in India.A wide variety of punishments are analyzed in this article.Punishment in its formation is now recognized to be an integral revengeful practice, due to its additional role of revenge as reasoning or objective of punishment.
Introduction
Punishment is provided to cease the wrongdoer from committing the crime again.It is a form of social control used by the state to maintain law and order and to deter individuals from engaging in unlawful activities. There are different types of punishments available in India.Punishment is a method to correct the fracture of societal harmony.Offences are different in nature, so different punishments are needed for different Punishments acts as a tool in curbing crimes in a place.Even thought there is a punishment system, systematic review and development is needed to help the society in curbing crimes.
What is Punishment
Punishment is the act of imposing a penalty or sanction on someone who has committed a crime or an offence.Punishment is a legal process that is governed by laws and regulations and must adhere to certain principles and guidelines to ensure fairness and justice.Punishment is a consequence or result of a wrong committed by a person.Punishment is the retaliation on the criminal to the suffering caused by the criminal.
The practice of the punishment of crimes is known as penology.Punishment can be harmful as well as positive. The depletion of behaviour via the application of an unpleasant stimulus is known as positive punishment, whereas removing a peaceful stimulus is known as negative punishment.Punishment is a method for correcting the threats to societal harmony. Punishment can reveal the relationship between how situations, administrative tactics and social mechanisms create the society, importantly it perpetuates inequality among people.
Types of Punishment
There are different types of Punishment in India under different legislations.Some of them are :
Under IPC/BNS
There are 5 different punishments under Indian penal code,1860 and 6 under Bharatiya Nyaya Sanhita,2023.The 5 punishments under IPC are Death Penalty,Life Imprisonment, Imprisonment, Forfeiture of Property and Fine.When it comes to BNS, a new kind of punishment is added,that is Community Service.Sec 53 of IPC and Sec 4 of BNS state the different punishments.
Death penalty : Death Penalty is also called capital punishment.Under this punishment, a person is hanged till he dies.It is the highest legal penalty for offences in India.It is awarded in rarest of rare cases.Minor and person with mental illness or insanity are exempted from death penalty.
Some of the offences in which death penalty can be awarded are :
- Waging war against the government of India.
- Giving or fabricating false evidence by which an innocent person suffers death.
- Murder.
- Abetment of suicide of a minor/insane/intoxicated person.
- Dacoity accompanied with murder.
- Kidnapping for ransom.
- Lynching.
Life Imprisonment : Imprisonment means taking away a person’s freedom and putting him in prison.This punishment means imprisonment for the whole of the remaining life period of the convicted person’s natural life.If life imprisonment is given to a person, he shall stay in the prison for a minimum of 14 years and the maximum is the rest of his life.Imprisonment for life cannot be simple; it is always rigorous.Some of the offences in which the Life Imprisonment can be awarded are :
- Murder.
- Dowry Death.
- Rape of a minor.
- Gang rape.
- Waging war against the government of India
- Conspiracy
Imprisonment :Imprisonment means taking away a person’s freedom and putting him in prison.There are three kinds of imprisonment, simple, rigorous and solitary confinement.
- Simple : It is a punishment in which the offender is confined to jail only and not subjected to any hard labour.Some of the offences in which simple Imprisonment can be awarded are Wrongful Restraint, Defamation, Criminal misappropriation of property, Uttering any word or making any sound or gesture with an intention to insult the modesty of a women, Misconduct by a drunken person in a public place etc…
- Rigorous : In this case the offender is put to hard labour such as grinding corn, digging, breaking stones, cutting wood etc…Some of the offences in which the rigorous imprisonment can be awarded are Kidnapping in order to murder, Dacoity, Robbery, House breaking in order to commit offence punishable with death etc…
- Solitary confinement : It is a form of imprisonment that involves keeping a prisoner in a cell alone for most of the day, with limited or no contact with other prisoners.It is a punitive tool used within the prison system used to discipline ,separate incarcerated individuals who are considered to be security risks to other incarcerated individuals and prison staff and those who violate facility rules.Solitary confinement cannot exceed 14 days at a time.
Forfeiture of Property : Losing property without compensation in return is forfeiture of property.Under this punishment, the state seizes the property of the criminal.The property forfeited may be movable or Offences in which forfeiture of property can be awarded are :
- Dishonest misappropriation of the property that was in the possession of a deceased person.
- Receiving property taken by war or depredation.
- Forfeiture of advance against property.
Fine : Fine is the monetary punishment.The convict has to pay the fine as a punishment for the offence.Almost all the sections related with awarding punishment includes fine as punishment.A fine may be imposed in addition to, or in lieu of, a term of imprisonment.Unless a specific maximum fine is stated, the offender’s liability is potentially unlimited, but the fine imposed shall be reasonable and not excessive.Cases in which fine can be awarded are :
- False statements.
- illegal payments related to elections.
- Failure in keeping election accounts.
- Unlawful assembly.
- Attempt to murder.
- Criminal conspiracy.
- Causing an explosion to endanger life or property.
Community Service : Community service is a punishment in which offenders need to perform unpaid labour for the society as part of their sentence. It is an alternative to traditional punishments like fines or incarceration, and is intended to help offenders rehabilitate and reintegrate into society.Examples of community service could be planting a certain no. of trees, maintaining a library, cleaning local parks, etc…Some of the offences in which the Community service can be awarded are :
- Attempted suicide.
- Unlawful trade by public servants.
- Minor theft.
- Public intoxication.
- Defamation.
Other Acts and legislations
There are other act or legislations in India which provide punishments for offences.There are more than the 6 major punishments in India under various acts or provisions like Removal of service, Suspension or dismissal from service, Extra unpaid job, Confinement etc…
Some of other acts or provisions which provides punishments are :
- The Army Act, 1950
- The Air Force Act, 1950
- The Navy Act 1956
- The Commission of Sati (Prevention) Act, 1987
- The Narcotic Drugs and Psychotropic Substances Act, 1985
- Indian Contract Act, 1872
- Protection of Children from Sexual Offences Act, 2012.
- Narcotic Drugs and Psychotropic Substances Act, 1985.
- Unlawful Activities (Prevention) Act, 1967
- Juvenile Justice Act, 2015
- The Motor Vehicles Act, 1988
- The Information Technology Act, 2000
Other Punishments in the World
There are different kinds of punishments in the world.From simple punishments to harsh punishments.Some of the other Punishments available in the world are :
- Confinement
- Detention
- Deprivation of privileges or liberty
- Amputation
- Corporal punishment
- Forced labor
- Public humiliation
- Psychological punishment
- Probation
- Restitution
- Ban
Criticism
- There are many different offences identified in India but the types of punishments are very less.
- Punishments in India are from centuries old philosophies and assumptions.There is no development or improvements in Indian punishment system.
- The imposition of imprisonment for offences in India is riddled with inconsistencies and arbitrariness.
- There is inconsistency in punishment of offences of different degrees.Some offences of very different gravities are punishable by the same term of imprisonment and offences of the same gravity are often punishable with different terms.
- There are also inconsistencies in punishments for different stages of committing an offence.While some crimes have different punishments for preparation, attempt, and commission, others have the same punishment.
- There is also no clear reason for why life imprisonment is prescribed for some offences and not for others.
- The severity of an offence does not always determine the amount of fine imposed. Fines can vary inconsistently, with similar offences carrying different fines and disparate offences sharing the same fine.
- The Crime rate in India has been increasing every year but the convictions rate has become very low .
- The legislation of punishments are not much conclusive.Indian punishments system lacks legislative autonomous provisions.
- Death penalty is given to very serious offences,the highest punishment in India.Even there is provisions,it can only give to rarest of rare cases and there is no clear outline to know the rarest of rare cases.
- The life imprisonment is not much effective in India as there is options to minimize it into just imprisonment for some years.
- India need innovative and effective punishments.
Conclusion
There are different kinds of offences.A single or multiple types of punishments are not enough to cope with the vast offences .Punishments play a major role in balancing crime rate in a place.The efficiency of punishments system is crucial to avoid increase in crime rates.Many offences have unreliable and arbitrary punishments.Reaserch and development are needed in punishments.The era of innovative and effective punishment system are near future.Crime rate and Punishments has a reciprocal relationship which is essential to keep a balance in crime rates.
FAQ
1.How many punishments are prescribed in Bharatiya Nyaya Sanhita,2023?
A. Six punishments prescribed in Bharatiya Nyaya Sanhita,2023.They are Death Penalty,life imprisonment, imprisonment,fine, forfeiture of property and community service.
2. What is punishment?
A. Punishment is the act of imposing a penalty or sanction on someone who has committed an offence.
3. How many punishments are there?
A. There are many punishments in India and in the world.Some of the major punishments are Death Penalty, imprisonment,fine,corporal punishment.
4.What is the objective of Punishment?
A. The main objective of punishments are punish the offenders, prevent future offences and give justice to victims.
5.What is the relationship between crime rate and Punishments?
A. They are inversely proportional.When punishments are high,crime rate will be low and when punishments are low,crime rate will be high.
