4. • Inherent to criminal justice.
• Punishment was used to tame the barbaric, as
well as primitive tendencies of the public.
• It was used to maintain a fear in the minds of
the public
5. TYPES OF PUNISHMENT
• Retributive Theory
• Deterrent Theory
• Preventive Theory
• Reformative Theory
6. 1. Retributive Theory
• Also known as ‘Theory of Vengeance’
• Most basic yet inconsiderate theory
• Based on the doctrine Lex Talionis –
‘An Eye For an Eye’
7. 2. Deterrent Theory
• Aim: Prevent the criminals from attempting any crime or
repeating the same crime in future
• Creating fear by establishing an example for an individual or
the whole society by punishing the criminal
• The deterrent theory of punishment is utilitarian in nature.
8. 3. Preventive Theory
• Aim: Preventing potential crimes by incapacitating the
criminal
• Analogous to Deterrent Theory
• Bentham, Mill, Austin of England substantiated this theory
9. Classification
1. By instilling the fear of punishment;
1. By disabling the criminal, permanently or temporarily,
from committing any other crime;
2. By way of reformation and/or re-education.
10. 4. Reformative Theory
• Idea: Hypothesis
• Strategy of Individualization
• Regardless of whether a wrongdoer perpetrates a
wrongdoing, he doesn’t stop to be a person
