Deterrent Theory Of Punishment
- IJLLR Journal
- Jun 30
- 1 min read
Rajesh Kumar, Rayat Bhara University Mohali
Harmanpreet Kaur, Rayat Bhara University Mohali
ABSTRACT
The deterrent theory of punishment plays a critical role in the Indian criminal justice system, aiming to prevent crime by instilling fear of severe consequences. This paper explores the application of the deterrent theory in India, examining its historical evolution, legal framework, and effectiveness. It delves into the key provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlining the role of capital punishment, life imprisonment, and other forms of punishment. The study also compares India’s approach to deterrence with practices in the United States, the United Kingdom, and Scandinavian countries, highlighting differences in the application of deterrent punishments across different legal systems. Additionally, the paper addresses the criticisms of the deterrent theory, such as ethical concerns, human rights issues, and the failure to tackle the root causes of crime. It emphasizes the need for judicial reforms, enhanced law enforcement, and rehabilitative measures in the criminal justice process to ensure more effective crime prevention. The research also presents suggestions for improving the deterrent effect of punishments in India, including timely justice, proportionality in sentencing, and addressing socio-economic factors contributing to criminal behavior. Overall, the study argues for a balanced approach that combines deterrence with rehabilitation to achieve a more effective and just criminal justice system.
Keywords: Deterrent Theory, Capital Punishment, Bharatiya Nyaya Sanhita, Crime Prevention, Judicial Reforms
