Punishment Under IPC

Let’s start this article by going in flashback, the golden age of everyone’s life the school life. There was one thing in school which no one liked but still every single day we had to complete that task. Can you guess? Yes, it’s the most boring task the Homework. Have you ever thought why we use to complete that job, only few people loved to do homework but everyone use to complete it because no one wants Punishment. Punishment was the most important factor that forced the majority to complete homework. If punishment was not given majority of the students would have never done homework. In school punishment helped to maintain discipline in school. Now let’s come to present world, lets be honest everyone of us had think of committing any small or big wrong thing, like punching someone or stealing something, the repercussions stopped us from doing it. Punishment is bad for one but is good for everyone, it stops the bad and encourages good. There is a theory “pain over pleasure” let’s take an example, the punishment for robbing a bank is one month of prison term, then many people will try to rob a bank because if the pleasure will be more than pain. Here successfully robbing the bank is pleasure and the one month of prison time is pain. Here you can clearly see that pleasure is more than pain. To keep the balance in society pain should be always more than the pleasure. Now let’s assume if you get one month of prison time for not wearing helmet while riding a bike, this will create disputes there should be perfect balance between pain and pleasure. Let’s take a real example of an unbalanced situation, in a prison in Bangkok, the prisoners were once sealed into a rattan ball lined with nails. The ball was then given to elephants for their afternoon recreation. Until the Bangkok Corrections Museum closed, around 2015, visitors could see a model of this punishment device on display. This was a very unique way of punishing someone, and the authorities had incomplete explanation for this unique punishment. Everyone in world deserve some basic human rights, no matter he is a murderer, robber, poacher or a kidnapper everyone deserves some basic human rights like freedom from torture and degrading treatment and freedom from slavery.

Now let’s talk about punishment in India. According to section 53 of the Indian Penal Code, 1860 there are five different types of punishment, life imprisonment, death, simple or rigorous imprisonment, forfeiture of property and fine. The section 53 to 75 of the IPC discusses about the forms of punishment. The section 53 of the Indian Penal Code says that IPC provides five type of punishments to the liable offenders- • Death – Death is the harshest punishment in India’s criminal justice system. This punishment is given to the rarest of the rare cases, the offences like aggravate murder, the terrorism related crimes resulting to death and rape resulting to death. In death penalty the offender is hanged by neck till death. Hanging is the method of execution in the civilian court system The Army Act, 1950, however, lists both hanging and shooting as official methods of execution in the military court-martial system. According to a study by National Law University in Delhi, 755 people have been hanged in independent India until now. • Imprisonment for life – In simple words life imprisonment means the entire life in prison. Life imprisonment can be of 15 years or 35 years or forever but the imprisonment cannot be less than 14 years. • Imprisonment – Imprisonment is of descriptions:  Rigorous imprisonment - Rigorous imprisonment for a specified duration is awarded in offences of serious nature. This imprisonment is with hard labour.  Simple imprisonment – in this type of imprisonment the offenders are not required to do hard labour. Offenders sentenced to simple imprisonment are given work only on the basis of their request and subject to their physical fitness. • Forfeiture of property - Forfeiture is the loss of any property of a person without compensation as a result of defaulting on contractual obligations, or as a penalty for an illegal conduct. • Fine – fine is a type of penalty of money which offender has to pay the court of law or other authority as a punishment for any criminal offence. It can be announced in advance or can be determined case by case.

Philosophers are debating from a long time that, are punishments effective? Now the important factor which checked while investing any case is the motive. There can be plenty of reasons why a person does any wrong thing like greed and revenge. Now if someone is committing crime because of greed than maybe punishment can stop him but if he is doing it for revenge than there are comparatively less chances that the fear of punishment will stop him. There are to important goals for giving punishment. The first is to stop the criminal, if the criminal would be in prison, he won’t be able to commit the same. And the second to create fear among the criminals. Punishment alone cant stop criminals, in every 16 minutes one rape case is reported in India and tons of cases are not even reported. The section 376 of IPC provides 7 years of imprisonment to the offender. If the crime is aggravating then the sentence can be increased. India should soon start working on the system, justice should be quick and fair and the fear of punishment should be there.   Reference • “Punishment and Social Control.” Law and Justice around the World: A Comparative Approach, by Mikaila Mariel Lemonik Arthur, 1st ed., University of California Press, Oakland, California, 2020, pp. 155–187. JSTOR, www.jstor.org/stable/j.ctvwcjhw8.12. Accessed 28 Oct. 2020. • https://theprint.in/theprint-essential/rarest-of-rare-history-of-death-penalty-in-india-and-crimes-that-call-for-hanging/383658/ • https://www.thehindu.com/news/national/what-are-the-laws-on-rape-and-sexual-crimes/article30233033.ece

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