Reformative Theory of Punishment

Punishment has always been a key role of criminal justice. It helps to maintain society with peace under policies and regulations. Because crimes are not regulated with punishments, they can disrupt the community. However, the meaning of punishment in criminal justice has evolved.

Now, the punishment is not considered to just 'punish'; instead, it's used to 'transform.' The main aim of punishment is not just to harm physically or financially but to change the offender's behaviour and emphasize rehabilitation in society.

To turn this approach into reality, a new theory was introduced in the 18th century, i.e., the reformative theory of punishment.The reformative theory of punishment mainly focused on the offender who committed the crime instead of the crime itself. So, the main aim is to change the offender's behaviour and help them turn into more responsible and law-abiding citizens of society.

The reformative theory has gained good recognition and is seen in various IPCs and cases in India. However, many people don't know about this reformative theory and how it's recognized by the court. In this article, we will dive deep into understanding the reformative theory, its objective, laws regarding the reformative theory of punishment, some real-world cases, and the perspective of this theory in India.

Overview: Reformative Theory of Punishment

The reformative theory of punishment is a concept in criminal justice that is built to focus on the rehabilitation of offenders to turn them into better human beings and contribute to society rather than just punishing them for their crimes. This concept helps to transform the offender's beliefs, re-educate them, and try to reform them. This theory of punishment believes that crime is always linked with the physical or emotional condition of the offender as well as the society's environment or circumstances, and if the criminal is treated as a patient rather than tortured or harassed, then the offender can change.

What is the Purpose of The Reformative Theory of Punishment?

The reformative theory of punishment comes with several important purposes:

Rehabilitation

The main purpose of the reformative theory of punishment is to focus on rehabilitating the offender's behavior by addressing the root cause of their criminal actions because crime includes various social, psychological, and environmental factors. So. Whether it's a lack of education, wrong beliefs, mental health issues, or any reason, rehabilitation aims to understand the cause, fix the issue, and change the offender's behavior to live a law-abiding life.

Reintegration

Another major purpose of this theory is to reintegrate the offender back into society as a valuable citizen who contributes. Sometimes, the situation becomes so complex that an offender doesn't have any option but to go back and go to the criminal part. So, reintegration is the process of helping offenders by providing all the necessary resources like housing, jobs, education, community programs, social services, and other essential resources that help them overcome the crime path and start a fresh life by contributing to society.

Prevention of Recidivism

The purpose of this theory is not just to turn the offender into a better human being but also to reduce the chances of the offender committing future crimes in any circumstances. This can be done with the help of rehabilitation and reintegration approaches. When the root cause of criminal behavior is addressed, and the factors that make the offender criminal is overcome, then the chances of future crime will be reduced.

Humanistic Justice

The reformative theory of punishment has a strong belief that every human being deserves to be treated with dignity and respect, including offenders. This approach aims to address the root cause of criminal behavior, value compassion, and support offenders to reintegrate into society with respect and dignity.

Principles of Reformative Theory of Punishment

The reformative theory of punishment has several principles that take this approach further:

Individualized Approach

The very first principle of the refractive theory of punishment is to follow the individualized approach. Each person has a different background, needs, reasons, and beliefs when committing a crime. So, the punishment will not be the same in all conditions. For example - if a person committed a crime due to abuse or another person committed a crime due to pressure, then both have different scenarios to commit a crime. So, the perspective of this theory is to help individuals, as per their background, to overcome criminal behavior and turn into better human beings.

Human Dignity

This theory believes that offenders must be treated with respect and dignity as well because it's their fundamental right to get fair treatment and privacy during the process. So, there's a fair opportunity to change and reintegrate into society and become a valuable individual.

Rehabilitation

Rehabilitation is a personalized program that helps offenders change their beliefs and behavior for their betterment. Generally, the offenders are treated by just punishing them, but the reformative theory believes that rehabilitation is the way to overcome the reason behind the offender's criminal actions rather than the criminal itself. After the personalized rehabilitation program, the offender's chances of committing a crime again are lesser.

Community Participation

Community participation is also a good way for the offender to reintegrate into society. These are the rehabilitation ways that help offenders reconnect with their communities, develop social skills, and understand their responsibilities towards the community.

Non-Punitive Approach

Non-punitive is one of the effective approaches of the reformative theory, which mainly focuses on addressing the root cause of offenders' criminal behavior rather than just punishing them. This approach provides support and all the required resources needed to overcome criminal behavior and ensure the prevention of future crimes as well.

Laws Dealing with Reformative Theory of Punishment

Here are some laws that deal with the reformative theory of punishment:

Sections 54 and 55 of the Indian Penal Code, 1860

Sections 54 and 55 of the Indian Penal Code (IPC) 1860 deal with reducing punishments. Section 54 allows for the death sentence to be reduced to less severe punishment like lifetime prison, and Section 55 allows the shortening of a life sentence to 14 years, which means shortening time in prison. So, this law has the ability to reduce or decrease punishment compared to what was originally given.

Article 72 and Article 161 of the Constitution of India, 1950

In 1950, Article 72 of the Indian Constitution enabled the President of India to forgive someone who has committed a crime and remove all their penalties and punishments. Similarly, Article 161 allows the state Governors with the same authority to forgive someone who has committed a crime under state laws. The reason behind making this authority is to correct unfair actions, such as unjust court decisions or unfair laws. And it's one of the necessary powers that authority must have.

The president can use his pardoning authority in the following cases:

• When someone has been punished for breaking a national law

• When a punishment was given by a military court

• When deciding on cases involving the death penalty.

Similarly, the state governor can use this power in the following situations:

• When considering cases that involve the death penalty within the state

• When an offender deals with punishment for offences committed under state laws

The Probation of Offenders Act, 1958

Section 4 of the Probation of Offenders Act 1958 allows certain offenders to be released earlier from jail before the end of their term only if they demonstrate good behaviour during their probation and follow all the rules. However, this type of law doesn't impose on those offenders who have committed a serious crime like murder, which has a punishment of life imprisonment or death.

The Code of Criminal Procedure, 1973

There are several important provisions included in the Code of Criminal Procedure, including:

Section 27 of the Code of Criminal Procedure says that if a person is under 16 years and commits a crime, then it isn't punishable by life imprisonment or death. There are special courts to deal with young offenders' cases and help them overcome the criminal path and become better human beings rather than just punish them.

Section 360 of the CrPC allows the court to discharge on probation based on good behaviour or after admonition. It's a chance for offenders to prove that they can reform without prison.

Section 432 of the CrPC allows the government to reduce or cancel the offender's punishment after they have been convicted. So, the government has the authority to shorten or completely frog the punishment at any time.

Section 433 of the CrPC allows the government to change the offender's punishment to something less, such as:

• The death sentence can be changed to another type of punishment like life imprisonment

• Life imprisonment can be reduced to 14 years in prison.

• Rigorous imprisonment can changed to simple imprisonment

The Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015, mainly focuses on those youngsters who get into trouble with the law. Their main aim is to help these children become good members of society who contribute value rather than just being punished in prison for their crimes. Children under 18 or 16 are called delinquents, not criminals. That's why this law plays a crucial role in the judiciary system, making a positive impact on children's lives like a second chance. Here are some key provisions to consider:

Section 14: Even if a child commits a non-bailable crime, then the Board, under the Juvenile Justice Act, has the authority to discharge the child on bail and give the proper mentorship under the probation officer instead of sending them to jail.

Section 18: If a child is younger than 16 years and convicted of a crime, then the court can order counselling, a fine for the parents, probation, and provide education and other resources to overcome the root cause.

Section 21: Children can not be sentenced to life imprisonment or the death penalty.

Section 40: Childcare centres must focus on improving children's behavior and making them better human beings.

Section 74: The child's identity can't be revealed in the press, and only the police have the authority to share information with the court.

What is the Indian Perspective of Reformative Theory of Punishment?

In India, the perspective of the reformative theory of punishment has been embraced, and the court has supported the idea of giving offenders a second chance to improve their lives and be a valuable person in society. That's why laws like the Juvenile Justice Act of 2015 and sections of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) came into reality to encourage this approach and make a better nation. The Indian court believed that punishment is not only the way to stop crime, but reformation can help offenders become better people and set an example for other people that they can transform their lives and start fresh lives with positive impacts.

Case Laws Supporting the Reformative Theory of Punishment

Here are some popular case laws that support the reformative theory of punishment in India:

Mohammad Giasuddin vs. State of A.P., 1977

Mohammad Giasuddin vs State of A.P., 1977 is one of the highlighted cases. In this case, Justice Krishan Iyer says that everyone has the potential to transform their life regardless of the past mistakes they made. However, he emphasized that instead of using harsh and cruel punishment, society should help offenders to change their behavior for the betterment, and the court must believe that the goal of punishment is to reform an offender, not just harm them.

Satish vs. State of U.P. and Anr, 2021

In this case, the Supreme Court identified that society has the right to live in peace without criminals harming them. However, the court also emphasized that a good society can't be built by punishing offenders. It's important to give the offenders another chance for betterment and add value to the community. The Supreme Court suggests that fire-time offenders must be given a chance to apologize for their mistakes and take steps toward reformation.

Mohd. Hanif Quareshi vs. State of Bihar 1958

In this case, the Supreme Court of India observed that reformative theory is based on the idea that people can change for their betterment. Because the goal of punishment is not to seek revenge but to help the offender reform and become a valuable member of society. Also, the court highlights that when deciding a punishment, it's very important to understand how this punishment can change a person's life and make it better.

Criticism of the Reformative Theory of Punishment

There are numerous advantages of the reformative theory of punishment, but there are some criticisms of this theory as well:

• Not Suitable for All Crimes: The reformative approach is not suitable for all crimes, especially serious crimes like murder or rape, where injustice is necessary for public safety.
• Potential for Abuse: If the reformative approach applies, then the offender might pretend to reform initially but, once released, resume criminal activities.
• Inadequate Punishment: Some believe that the reformative theory doesn't punish adequately for the crime they've done, and that leads to injustice.
• Lack of Focus on Victims: When offenders are in rehabilitation centres then lack of focus on victims can also lead to offenders doing another crime.
• Resource Constraints: Lack of resources is one of the common reasons for inconsistent and inadequate implementation of this approach.

Conclusion:

Overall, the Reformative theory of punishment has a significant impact, gives a new perspective on criminals as human beings, and provides a chance to transform their lives and become law-abiding citizens. However, it will not work for serious criminals; it's an attempt to protect other offenders from social rejection. We hope this article helps you understand everything about the reformative theory of punishment, its laws, cases, and how it transforms offenders for the betterment.

FAQs

What are the four theories of punishment?

The four theories of punishment are:

• Reformative theory
• Retributive theory
• Deterrent theory
• Preventive theory

In which situations a reformative theory is not suitable?

When an offender has committed a serious crime like murder or rape, then reformative theory is not suitable for such cases.

What is the objective of reformative theory?

The main objective of reformative theory is to transform criminals into better people who can contribute to society and become law-abiding.

Who invented the reformative theory of punishment?

Mahatma Gandhi is a prominent figure in the reformative theory of punishment.