Reformative theory of india- an anlaysis of the need for a revision

Sindhuza M.S

The human civilization has always been governed under the rule of a supreme power. The role and form of supreme power has changed over the centuries. Starting from the monarchy form of government to the present democratic, republic and other forms of government, the responsibility of the supreme authority has varied a lot. The concept of punishment has also changed like the concept of State responsibility over the centuries. The nature of punishment depended on the basis of religion and the administration of the Kings. During ancient times, the concept of punishment was retributive basis, where the criminals were given barbaric form of punishment. Later, over the passage of ages, the importance of human rights increased which in per se paved way for the substitution of Retributive theory by Reformatory and Rehabilitative theory. Under the Reformative and Rehabilitative theory, the accused are provided with such forms of punishment which would reform him and prevent him from committing such crimes.
The theory of punishment being followed in India with the objective to reform the criminals instead of punishing them is not that effective in prevention of the occurrence of crimes in India. The basic nature of law is not to be static but to be dynamic in nature. Only then the law will be able to be effective in all fields of the society.

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