Criminology_Theories of Punishment OR Schools of Punishment

Theories of Punishment OR Schools of Punishment

1. According to Jeremy Bentham the main ends of Punishment are Prevention and Compensation.
2. Following are the different types of Theory or Schools of Punishment
• Deterrent Theory
• Preventive Theory
• Reformative Theory
• Compensatory Theory
• Retributive Theory
• Expiation Theory
• Denunciatory Theory
3. Deterrent Theory of Punishment
• Deter means abstain from the action or discourage.
• According to this Theory, offenses are the result of a conflict of interest between that the wrongdoer and the society.
• This theory aims to deter the offenders from committing a crime by awarding them severe punishment.
• The object of this theory is also to set an example for other prospective criminals. 
• This type of punishment acts as a warning bell to others.
4. Preventive Theory of Punishment
• The object of this theory is to prevent the repetition of the crime by awarding punishment.
• This theory is also called as "Theory of Disablement".
• The Preventive Theory aims at physical restraint.
• Preventive Punishment can be inflicted in several ways. For instance – death imprisonment, etc.
• This Theory disables the criminal from committing the crime.
5. Reformative Theory of Punishment
• This Theory aims to educate or reform the offenders.
• This Theory treats the Crime as a Disease and the Criminal as a Patient and the Punishment is like Medicine.
• Philosophers believe in this theory since more stress is given to the criminal rather than the crime he has committed.
• The Reformative Theory of Punishment is particularly enforced in the case of young offenders.
6. Compensatory Theory of Punishment
• This Theory aims to compensate the victim of the crime, his / her family, or dependents.
• According to This theory, a greed is the mainspring of criminality and because of this wrongs are committed. It acts on the motive of the wrongdoer.
• Compensation should be concomitant with the punishment.
• Compensation is the main factor in dealing with such types of crime.
7. Retributive Theory of Punishment
• Retribution means the wrongdoer pays for his wrongdoing.
• This theory of punishment is based on the fulfillment of moral justice.
• This is also known as the Theory of Revenge or the Theory of Private Vengeance.
8. Expiation Theory of Punishment
• Hogal and Kohler have put this Theory of Punishment.
• In this Theory, the offender is not physically punished. The offender is economically punished.
• Expiation means awarding compensation to the victim or his family or dependents, from the wrongdoer.
• Generally, this Theory is adopted in offenses of light nature.
9. Denunciatory Theory of Punishment
• The meaning of the term denunciation means a public condemnation of someone or something.
• According to this Theory, punishment should be an expression of societal condemnation.
• This Theory is a combination of utilitarianism and retribution.
• It is utilitarian since it serves as a deterrent.
• Many philosophers believe in this Theory.

Criminology_Kinds of Punishments

Kinds of Punishments

1. The concept of PUNISHMENT is the main concern of penology.
2. The main aim of Penology is to control crime and criminal.
3. In India, following kinds of punishment are enumerated in Sections 53 of the Indian Penal Code, 1860.

• Death Penalty
• It is also known as Capital Punishment
• It may awarded as Punishment for offences, such as -
1. Waging War against State (121)
2. Giving or fabricating false evidence upon which innocent person suffers death (194)
3. Murder (303)
4. Abetment of suicide of a minor or an insane or an intoxicated person (305)
5. Dacoity with Murder (396), etc.
• The object of this Punishment is to set an example for other prospective criminals.
• By awarding Punishment of death, repetition of crime by that offender is absolutely prevented.
• Imprisonment for life
• The duration for imprisonment for life is not definitely fixed.
• However, under Section 57 – a sentence of imprisonment for life shall be treated as equivalent to imprisonment for twenty years.
• Under Section 55 – the Appropriate Government (Either State or Central) may commute this punishment for imprisonment either description for a term not exceeding fourteen years.
• Recently, the Hon'ble. Supreme Court had made it clear that, the term Imprisonment for life means the punishment for the whole period of life of the convict and not just 14 years or 20 years
• Imprisonment
• Imprisonment may be of three kinds. It may be either simple, rigorous or solitary confinement
• Rigorous Imprisonment
1. The Offender is put to hard labour.
2. Hard labour includes cutting firewood, digging earth, etc.
3. Examples of offenses which are punishable with rigorous imprisonment are - 
• Kidnapping and abducting in order to murder (S. 364)
• Robbery (S. 392),
• Dacoity (S.395), etc.
• Simple Imprisonment
1. The offender is not put to any kind of work
2. Examples of offenses which are punishable with Simple imprisonment are - 
• Being member of unlawful assembly (S.143)
• Attempt to commit suicide (S.309), etc.
• Solitary Confinement
1. The Offender is kept in isolated cell.
2. It administered in most exceptional cases such atrocity and brutality
3. Rules relating solitary confinement –
• If the term of imprisonment is 6 months, then the period of solitary confinement shall not exceed 1 Month
• If the term of imprisonment is more than 6 months and less than one year, then the period of solitary confinement shall not exceed 2 Months
• If the term of imprisonment is more than one year, then the period of solitary confinement shall not exceed 3 Months
• The maximum term of solitary confinement shall not exceed three months.
• If Imprisonment awarded exceeds three months -
1. SC shall not be more than 7 days in any month
2. There should be interval of at least 7 days between any two periods of such confinement.
• Forfeiture of property
• It is one of the mode of Punishment.
• Its main object is to recover the loss caused to the Government in cases of embezzlement/cheating
• The Punishment for absolute forfeiture of property of the offender is now abolished by the Act XCI of 1921.
• There are only three offences mentioned in Section 125, 126 and 169 of the IPC, in which the specific property of the offender is liable to forfeited.
• Fine
• The Indian Penal Code mentions the punishment of fine for several offences, generally with or without imprisonment.
• If the offence is punishable with fine only, then the court can impose simple imprisonment only in default of payment of fine on following scale
1. Amount of fine up to Rs. 50    - Imprisonment for 2 Months
2. Amount of fine up to Rs. 100  - Imprisonment for 4 Months 
3. Amount of fine above Rs. 100 - Imprisonment for 6 Months 

Criminology_White Collar Crime

White Collar Crime

1. Basically, White Collar Crime is committed by the people of High-Class Society.
2. Edwin Sutherland who was an American Criminologist had invented the terms Blue Collar Crime & White Collar Crime 
3. Definition of White Collar Crime – It is a crime committed by a person of responsibility or for possessing high social status, during the course of the occupation.
4. Blue Collar Crime is also known as Traditional Crime whereas White Collar Crime is also known as Hidden Crime. 
5. White-Collar Criminals are more dangerous and harmful to the Society. 
6. Mostly, it is a nonviolent crime committed by Politicians, businessmen, and government professionals. They skillfully find loopholes in the law to hide their offenses. 
7. Different types of White Collar Crimes are as under - 
• Wage Theft  - Wherein the Employer failed to pay the wages or salary or other benefits to employees as per the service law. Misclassification of workers. To pay less salary, etc.
• Bribery - It means giving money, gifts or any good to other person in order to control the actions of the said other person.Police Station 
• Cyber Crime - It involves stealing information of third parties. Fraudulently transferring money through Internet Banking.
• Bank Fraud - It means to defraud a bank. Recent Nirav Modi and Vijay Mallya are notable cases of banking fraud. 
• Tax Fraud - Evading tax by providing wrong information in tax forms or illegally transferring property in order to avoid tax. 
• Copyright infringement, Money laundering, Changing reservation of land for achieving a personal interest, etc. 
8. There may be various motives behind White Collar Crimes 
• To gain power, wealth, superior position 
• To dominate competitors, other people for survival 
9. With the advancement of commerce and technology, the White Collar Crimes are increasing day by day.
10. White Collar Crimes are happened due to lack of powerful laws and there is no effective machinery to control such hidden crimes 
11. To prevent White Collar Crime there must be powerful government action against such type of crimes, there must be strict laws in the State and effective machinery for its implementation. It also needs alert and powerful opposition parties. 
12. Case Law – Shiv Sagar Tiwari V/s. Union of India.

In this case, the Minister for Housing and Urban Development, Government of India, had allotted several shops/stalls. In this case, the SC held that the allotments were illegal and arbitrary. The SC imposed fine of Rs. 60 lacs to Minister.