A CONCISE STUDY OF PUNISHMENTS UNDER INDIAN PENAL CODE

The function of the state is to maintain law and order of the society . Administration of justice play an important role in maintaining the peace and social security of the state. According to Salmond , administration of justice means “The maintenance of right with a political community by means of the physical force of the state”. To prevent the state from crime and to establish adminstration of justice is through imposing punishments to wrongdoer. Punishment is a process by which state inflict some kind of pain to the person or property of a person vwho is found guilty.

Punishment is the method used for reducing the criminal behaviour by deterring, preventing, reforming etc… Simple we can say that the main objective of punishment is to prevention of crime in the society . Section 53of Indian Penal Code ,1860 deals with kinds of punishments . Under this section five kinds of punishments has been elaborated they are as follows;

  1. Death penalty or capital punishment
  2. Life imprisonment
  3. Imprisonment
  4. Forfeiture of property
  5. Fine

1. Death penalty or capital punishment

It is the most serious form punishment . Many countries abolished capital punishment through it has to been abolished in India. In India death penalty can only be imposed in rarest of rare case only. If death penalty is awarded , the judgement shall state the special reason for such sentence . Offence punishable for death sentence are

  • Waging war against the state under section 121
  • Abetment of mutiny under section 132
  • Murder under section 302
  • Decoity with murder under section 396 are some of the offence which is punishable by death penalty

2. Life imprisonment

Life imprisonment means improvement for the remaining period of life which means till death. In India life imprisonment is for fourteen years it doesn’t means that the accused should be released after fourteen years, only on considering good behaviour and good conduct , the government may pass an order remitting conviction.

3. Imprisonment

Imprisonment means confinement of a person by depriving his personal liberty. Imprisonment are of two kind , simple and rigorous imprisonment. In simple imprisonment the nature of offence will not be that serious whereas in rigorous imprisonment which is for serious offences.

4. Forfeiture of property

Forfeiture of property means taking away the property of the criminal by the state. The court order to forfeiture of the property of an accused, who was alleged to have committed white collar crimes under section 126, 127,and 169 of IPC.

5. Fine

Fine is imposed by the court for sole or alternative punishment. Which means fine can be added to the imprisonment . The Indian Penal Code , 1860 prescribes fine along with imprisonment in respect of certain offences.

There is an another kind of imprisonment know as Solitary confinement , court can impose solitary confinement for certain specified offences the solitary confinement should not exceed three months of the substantive term of imprisonment, it cannot be awarded where imprisonment is not part of the substantive sentence, solitary imprisonment can not be awarded for the whole term of imprisonment.

Therefore punishment is an internal need which prevents the state from serious evil. The main objective of the punishment is to protect the society against criminals by way of punishing them under the existing penal law .

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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