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A Conceptual Study of Punishment under Indian Penal Code
When an individual commits any offense, then he or she is punished, in order that such acts or omissions don't repeat within the future. There are different theories to know the character of punishment and on the opposite hand, the victim is entitled to compensation.
There is no universally accepted definition of punishment. They are often simply defined as an 'infliction of some quite pain or loss upon for a misdeed'. It is a practice of imposing something unpleasant on an individual as a response to some unwanted or immoral behavior or disobedience that he/she has displayed. The chief objectives of punishment are providing retribution to the victim against the offender, deter the criminal from future criminal acts, and rehabilitation of the offender.
Punishment is not just for taking revenge and retribution but features a wide view that incorporates utilitarian concern for deterrence and rehabilitation. Humanists have different views on the relevancy of punishment, some are in favor of punishment, while many oppose it. Crime and misdeed are a part of every society, thus punishment becomes important to make sure smooth functioning of a society.
According to the compensation theory, punishment is set keeping the interest of the victim. For example, if person A injures person B during a road accident, then the law can punish person A to require care of person B and pay the amount incurred in medication.
Types of punishment under IPC for various offenses:
Capital Punishment
Capital punishment is also referred as death punishment. As the name suggests, during this punishment, an individual is killed through different means like hanging, giving poison, etc. Among all the punishments, execution is taken into account as the most deterrent.
Deportation
The next punishment is deportation. It is a mechanism through which an individual or group of individuals are expelled from a rustic. In India, it is referred to as transportation. Deportation could often be of both, the citizen also as an illegal migrant.
Imprisonment
A state of being physically incarcerated or confined at a selected place, consistent with the law of a land, is referred to as imprisonment. They are often of various terms, counting on the sort of offense committed that is, they are often for 1 year, 2 years, 10 years, 20 years, or life imprisonment. It serves many objectives of punishment, like deterrence, preventive, and building the character of the offender.
Solitary Confinement
Solitary confinement is a type of imprisonment. This type of punishment exploits fully the social nature of citizenry and by denying them the society of their fellow beings, it seeks to inflict pain on them.
Indeterminate Sentence
In this quiet punishment, the accused isn't sentenced to imprisonment for any fixed period. This punishment is effective in serving the reformative purpose of an excellent sentence. The term of sentence doesn't mention any specific period of your time or release date.
Fine
Fine is a monetary form of punishment. In this punishment, an offender has got to pay amount, directed by a competent authority. Quantum of fine could also be selected the idea of cases. It can be from thousands to lakhs, fines can also be collected by forfeiting the property of the offender. Many times, offenders are imprisoned if they are not able to pay the fine.
Compensation to the Victims of Crime
The victim is an umbrella term that incorporates a person, group, or entity who has suffered harm, injury, or loss thanks to the illegal activities of others. A victim can undergo mental, physical, and economic harm. In order to scale back the matter of victim, there's a provision of compensation. Compensation cannot fully solve the matter of the victim, but it can help victims in starting a replacement journey.
