Discussing Deterrent Theory Of Punishment In Criminology With Special Reference To Award Of Death Penalty In Indian Criminal Justice And Role Of Judiciary
- IJLLR Journal
- Dec 31, 2024
- 2 min read
Nameera Meraj, BA LLB, Aligarh Muslim University
INTRODUCTION TO THE TOPIC
Deterrent theory is based on the Overarching principle that by instilling fear of punishment can prevent individuals from committing crimes .This aims to discourage the individual offender from committing further crimes by instilling fear of punishment1.This principle was established in the landmark case of Bachan Singh v. State of Punjab (1980)2, which is only in the case of exceptionally heinous and warrants such a punishment. As per the National Crime Records Bureau (NCRB), there were 144 death sentences awarded in 2021.In 2022 , India saw the highest number of death sentences which is 165 the highest in over two decades. By the end of 2023, there were 561 prisoners in death Row.
Other examples may include Yakub Memon convicted terrorist in the 1993 Mumbai bombings. The Supreme Court highlighted the deterrent effect of the death penalty in cases involving acts of terrorism that threaten national security. While it aims to prevent heinous crimes by instilling fear, the effectiveness and ethical implications of capital punishment continue to be subjects of intense debate. Balancing the need for justice and the protection of human rights remains a critical challenge for policymakers and the judiciary in India.
Principles of Deterrent Theory:
To ‘deter’ is to Abstain from doing any wrongful act. The deterrent theory is closely associated with the utilitarian philosophy, which emphasizes the greatest good for the greatest number. Philosophers like Jeremy Bentham and Cesare Beccaria were strong proponents of this theory. This theory advocates that punishment should be severe which outweighs the benefit derived from such crime. Critics argues that this does not hold importance in the cases where the cause is more individualistic.
