Abstract: Punishment is an evil levied on a wrongdoer, described by Oppenheimer as a wrongdoer on behalf of and at the whim of society, in its corporate capacity of which he is a permanent or temporary member. Punishment often runs with crime and originates as private retribution. To satisfy the sense of retribution, only the perpetrator carries out the punishment. The right to pardon the convict was only given to the aggrieved party and no other right was vested in public jurisdiction. The purpose of the punishment was to inflict hurt. Punishment is often known to be a form of social order and of crime prevention. In line with the shift in social psychology, the goal of retribution has changed. It deals with punishment and prevention of criminals and is now working towards recovery. The sentencing framework under the Indian Penal Code is still not unchanged, but has been modified by law and also by the understanding of the Honorable Courts to fulfill society's needs and demands. With traditional crime, modern development gives rise to new types and modes of crime such as cyber-crime, financial crime, etc. which entail reform in the degree of punishment and its execution. By now, it has become very clear that while the notion of retribution is as old as humanity, the overall shift has been enormous. Therefore, it is pertinent to discuss the same briefly and henceforth, this paper gives a brief discussion on the punishment
Publication Year: 2019
Publication Date: 2019-04-01
Language: en
Type: article
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