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Reformatory Theory of Punishment: How Applicable

Author: Muskan Kapoor, Student, Himachal Pradesh National Law University, Himachal Pradesh, India

Abstract Every society has its own ways and means to every social problem and certain laws and rules regulations are framed followed by certain kinds of sanctions. These sanctions are nothing but punishments. These punishments are based on the people living in society. In ancient times, punishments were taken to be a serious way of preventing crimes, but with the change in time, these punishment theories become tolerable to the criminals. According to Salmond –“Crime is an act deemed by law to be harmful for the society as a whole though its immediate victim may be an individual. He further substantiates his point of view through the following illustration a murderer injures primarily a particular victim, but it's blatant disregard of human life puts it beyond a matter of mere compensation between the murderer and the victim’s family.” Thus it becomes important for the society to punish its wrongdoer by the way of sanction. Punishment for crimes is the only way to reduce the happenings in society. Whether the punishment is legal or divine it needs justification. The research paper focuses on the reformatory theory of punishment. How effective it is, where the emphasis is on the renewal of the criminal and the beginning of the new life and how far the reformatory theory of punishment is successful in changing a criminal.

Keywords: Reformatory Theory of Punishment, Code of Criminal Procedure, Juvenile Justice.

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