Punishment for Crimes: An instrument of Social Change

Abstract

Abstra                                                   The research proposal titled as “Punishment for Crimes : An instrument of Social Change” is a topic of essence keeping in view the present scenario and administration of justice which by now is dominated by deterrent and reformatory theories and on occasions with the undercurrent of retribution and/or prevention. However while awarding the punishments, courts in India have evolved the principle of proportionality which is emerging as a trend in criminal jurisprudence. There are punishments which have been awarded in the past but with the passage of time and emergence of modern civilization have gone into oblivion. The punishments were extermination, public rebuke, lashing though considered to be punitive in nature. But there can be punishments which do not cause any bodily pain to an accused or affect his freedom of movement but to a limited extend like extermination, admonishing and restoration of wrong by compensation or otherwise. The topic has its objective by entering into punishments other than those prescribed in the codes. The reformations and rehabilitations have already assumed the space in criminology but still are considered to be so effective keeping view the increasing crime rate in the referred target group. The research proposal will deal through doctrinal methodology based on primary and secondary source of data. After analysis of one data it will be corroborated with the other for arriving at certainty. For the research proposal, the emerging questions which strikes the mind and on the premise of which the topic is will be dealt are:  i) whether the existing punitive punishments have resulted in prevention of the crime, ii) Do the reformation and rehabilitation yield desired results in the context of objectives framed in respective legislations, iii) Can there be non-punitive punishments beyond reformation or rehabilitation, iv) To what extend such punishments can be effective for maintenance of social order and decency v) Whether the non-corporal punishment in earlier statutes need to be brought back as part of administering criminal justice in India. Towards the aforesaid, there is a need for rethinking vis a vis to administration of criminal justice. Accordingly matter will be dealt by understanding the theories of punishments and existing punishments under Indian laws, from criminology and victimology point of view also.