“KINDS OF PUNISHMENT UNDER INDIAN PENAL CODE, 1860 ”

Submitted by:

Rahul Barnwal, B.B.A., LL.B (Hons.) (2033)

Submitted to:

Father Peter Ladis:-

Faculty of Criminal Law

This Research paper is submitted in the fulfilment in criminal law for

the completion of B.B.A., LL.B course.

September, 2019

Chanakya National Law University, Patna

 TABLE OF CONTENTS
1. INTRODUCTION…………………………………………………………………….1

2. OBJECTIVES…………………………………………………………………………2

3. RESEARCH METHODOLOGY……………………………………………………...2

4. ORIGIN & JURISPRUDENCE OF THE PUNISHMENT…………………………...3

5. THE HISTORY OF PUNISHMENT BY LEWIS LYONS…………………………...4

6. THE CONCEPT OF PUNISHMENT UNDER ( MANU SMIRITI)……….……..6

7. CONDITION OF THE SYSTEM OF PUNISHMENT IN INDIA (NOW)…………..7

8. CONCLUSION………………………………………………………………………12

9. REFERENCES……………………………………………………………………….13
OBJECTIVES OF STUDY
 The foremost objective of this project is to know about the origin of the
punishment
 To know the global view on the jurisprudence of the punishment.
 To know about the Implimentation of punishment.

SCOPE OF THE STUDY

The project covers the topic of Punishment as a concept: what it is and what is its origin&
system followed then & now. The history of punishment given by LewisLyons& also the
concept of punishment under modern jurisprudence given in Manu smriti is also thrown
light upon and the views that shaped the System are also discussed so that the reader is
fully aware of the origin of this concept of punishment. & also the condition of the
punishment system in India is discussed. A short brief of 5 types of punishments given
in IPC is also discussed so that the reader is also aware about the current punishment
system of India.

RESEARCH METHODOLOGY
This project has been done taking the help of secondary data i.e. websites, articles,
books. It is descriptive in nature. To construct this project, the help of dictionaries,
legal websites as well as social science websites, books on the said case have been
taken. The points as discussed in this project include the study of different source s
on the topic as well as the points guided by the faculty. Footnotes have also been
provided for acknowledging the sources.

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 INTRODUCTION

What is PUNISHMENT?
In criminal law, any pain, penalty, suffering, or confinement inflicted upon a person by the
authority of the law and the judgment ad sentence of a court, for some crime or offense
committed by him, or for his omission of a duty enjoined by law. Punishment is
the authoritative imposition of an undesirable or unpleasant outcome upon an individual
or group by law enforcement, in response to behaviour that an authority deems
unacceptable or a violation of some norm. The unpleasant imposition may include
a fine, penalty, or confinement, or be the removal or denial of something pleasant or
desirable. The individual may be a person, or even an animal. The authority may be either
a group or a single person, and punishment may be carried out formally under a system
of law or informally in other kinds of social settings such as within a family. Negative
consequences that are not authorised or that are administered without a breach of rules
are not considered to be punishment as defined here. The study and practice of the
punishment of crimes, particularly as it applies to imprisonment, is called penologyi, or,
often in modern texts, corrections; in this context, the punishment process is
euphemistically called "correctional process". Research into punishment often includes
similar research into prevention.
Fundamental justifications or alternatives to punishment
include: retribution, deterrence, rehabilitation, and incapacitations. The last could
include such measures as isolation, in order to prevent the wrongdoer's having contact
with potential victims, or the removal of a hand in order to make theft more difficult.Of
the four justifications, only retribution is part of the definition of punishment and none
of the other justifications is a guaranteed outcome, aside from obvious exceptions such
as an executed man being incapacitated with regard to further crimes.

The Penal Law of India is the resource of definitions and descriptions of substantive
offences. It consists of 511 sections specifying different kinds of offences. This
are concerned because some other punishments may be imposed under some
.Local and special law. These punishments are applicable to offences under this
code only. Generally the code lays down the section is not exhaustive in so far as
the kinds of punishments For these massive number of offence. There are some
exception to this. The punishments in a particular case shall, within the maximum
limits fixed by the code, be awarded in type discretion of the court. But the
discretion should exhibit that a reasonable proportion has been maintained
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 between the seriousness of the crime and the punishments imposed. The sentence
should neither be disproportionately severe nor should it be too lenient so as to
fail to serve it’s purpose in producing effect on the offender and as an eye opener
to others .
Considering various aspects of the case and the mitigation
circumstances present, if any, the court can reduce the quantum of punishments.
In state of Punjab
v Mann Singh it was held that it was the duty of the court in every case to award a
proper sentence having regard to the nature of the offence, the manner in which it
was committed and to all the attendant circumstances.
While passing sentence the court has to consider the totality of factors bearing on
the offence and the offender and award a punishment which will promote
effectively the punitive objective of the law deterrence and habilitation.
Sentencing is always a matter of judicial discretion subject to any mandatory
minimum prescribed by law.

The punishment prescribed are mainly 5 in numbers. Every offences describes the
punishment also. But in general the division is provided under Section 53 of IPC.
They are as follows:
The punishments to which offenders are liable under the provisions of this Code are-

1. Death;
2. Imprisonment for life
3. Imprisonment both rigorous and simple
4. Forfeiture of property
5. Fine

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PUNISHMENTS IN IPC

1) Death Penalty
Capital punishment is generally resorted to in serious offences like murder.
According to one view it is morally excluded and according to other a moral
necessity. But the central question relates to the efficacy of death penalty in
protesting human life. In the beginning the death penalty rested primarily upon the
effort to placate the gods. The complete blotting out of the culprit was a practical
demonstration of group disapproval of the particular type of antisocial conduct.
Later with the rise of the metaphysical theories of human conduct, the individual
came to be looked upon as a moral agent capable of free choice in every aspect
of his conduct, irrespective of biological the heredity or social environment. On
these assumption the criminal was inevitable regarded as a perverse free moral
agent, who refused to think right and who had wilfully wronged the social group
and the gods. This was revenge theory.
It serves as a unique deterrent to professional criminals who are aware
of the existence and horrors of the painful mode of treating criminals. Death
penalty is far more powerful and effective than any other punishments. It is a good
way of retribution also.
It was held in Kishori lal v State of Delhi that capital punishment can be imposed in
the rarest of the rare cases and if there are any aggravating circumstances such as
the accused having any criminal record in the past, the manner of the committing
the crime, delay in imposing the sentence and so on. In this case the riot brokeout
in Delhi after assassination of PM Indira Gandhi and her death appears to be the
symbol or web around which the violent emotions were released. Experts in
criminology often express that when there is a collective action, as in the case of
mob, there is a diminished individual responsibility unless there are special
circumstances to indicate that a particular individual had acted with any
predetermination such as by use of a weapon not normally found.
In every case in which sentence of death shall be passed, the appropriate
government may, without the consent of the offender, commute the punishment
for any other punishment provided by this code.

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It is the most grave penalty imposed by IPC. Many sections still prescribe the
punishment of death. Some of them are as follows:
(a) Offence under Section 194
(b) Offence of murder for which punishment of death or imprisonment of life is
prescribed under Section 302.
(c) Offence of murder committed by life convict as described in Section 303. Mithu
v State of Punjab
(d) Offence of abetting suicide of child or insane person as mentioned in Section 305
IPC (e) In Section 307 when a life convict attempts to murder and hurt is caused
Death Sentence may be imposed.
(f) Kidnapping for ransom as described under Section 364A
(g) If any one of five or more persons who are conjointly committing dacoity,
commits murder in so committing dacoity, every one of those persons shall be
punished with death along with other alternative punishments.

In Bachan Singh v. State of Punjab[AIR 1980 SC 898] hon'ble Supreme Court of

India held that death sentence is to be given only in rarest of rare cases.

(2) Life Imprisonment

It is the most popular type of sentence after death penalty. In most serious offences
this type of punishment is prescribed. Wherever death penalty is prescribed, life
imprisonment also finds a place as an alternative punishment. It means
imprisonment for life means imprisonment for whole of the remaining period of
the convicted persons natural life. There is no fixed time decided because nobody
can identify calculate and manipulate one’s life. It is a impossible work for an
astrologer’s also. The sentence for life imprisonment is the imprisonment for the
indefinite period and duration

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 A life sentence does not automatically expire at the end of twenty years.
The state, the prisoner has been convicted and sentenced ,alone has power to remit
the sentence. In Bishon Singh v State of Punjab the court held that if the case can
not be termed as a rarest of the rarest that death sentence can be commuted to life
imprisonment. Where a person commits a heinous crime like murder because of
very special circumstances like poverty, he can not be given death sentence. Life
imprisonment can’t be treated as the 14 years or 20 years. It is always given with
rigours and hard labour. It can be reckoned as of 20 years as purpose of remission
of punishment .
As there is hue and cry regarding imposing of death penalty, in appropriate
cases Courts impose life imprisonment as a safe method. Some sections which
impose Life Imprisonment as a penalty are : Sections 194, 255, 304, 304(B), 305
and many more.

(3) Imprisonment both rigorous and simple.

Rigorous imprisonment is of such type where the convict will have to do hard labour.
In many offences the period of imprisonment varies. In simple imprisonment also
the term of imprisonment varies according to offences. Hard labour imposed on
the proved offenders will have a detterrant effect against others from committing
crimes adn thus society would, to that extent, be protected from perpetrating
crimes by others. Reformation is now the dominant objective of the punishment.
Hence an assurance to a prisoner that this hard work would eventually would help
him to get stripped of the moroseness and desperation in his mind while toiling
with rigours labour during the period of jail life.
Prisoner should be paid equitable wages for the work done by them.
In order to determine the quantum of equitable wages for the prisoners the state
has fixed a fixation body for making recommendations.
And under simple imprisonment there is no such hard and rigours labour. This is
given to those convicted criminals which are convicted for the crime of lower
degree. In this in place of that very simple works are given to the prisoners like
cutting of vegetables , making of accounts ,other documentary and paper works.

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(4) Forfeiture of Property
Imprisonment in default of fine does not liberate the offender
from his liability to pay the full amount of the fine imposed on him. The offender
is not permitted to choose whether he will suffer the sentence of imprisonment or
pay the fine. The only effect of his person shall cease to be answerable for the fine.
But his property shall not be absolved i.e. the fine can be satisfied from his
property. The period of limitation for realisation of fine shall ordinarily be six
years.

The death of the offender does not extinguish any liability for fine. It
can be recovered from any property , which would after his death ,be legally liable
for his debts. To levy means to seize for the purpose of collecting the fine or to
enforce execution for a certain sum. It does not mean actual realisation.

Forfeiture of property is not very common in IPC. Section 61 which

specified sentence of forfeiture of property has been repealed by Indian Penal
Code (Amendment) Act, 1921. In the present IPC three sections viz 126, 127 and
129 describes forfeiture of property.

(5) Fine

It is different from that of compensation as compensation goes to the plaintiff

where as fine goes to the sate as simple as that. Where no sum is expressed it
should not be excessive although there is no certain defined limit given but it
should not be exceesive. This is only permissive and not imperative in character.

IPC prescribes fine as a penalty both independent and along with other penalties. The
amount of fine varies with offences. Section 63 says that where no sum is
expressed to which a fine may extend, the amount of fine to which the offender is

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liable is unlimited, but shall not be excessive. Sentence for non-payment of fine is
also dealt with in IPC[Sec.64].Thus there are various penalties as discussed above
which are imposed differently in different offences. The term, nature, amount etc
varies in each cases and offences and also according to Courts.

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 ORIGIN OF THE PUNISHMENT:-
It is impossible to trace the origin of punishment. It appears to be a well-developed social
institution in the most primitive societies and at the dawn of known history. Much
speculation has been made as to its origin, but in the main rather narrow definitions have
tended to justify special concepts. The following is an example: "Punishment is an evil
inflicted upon a wrongdoer, as a wrongdoer, on behalf, and at the discretion of society in
its corporate capacity, of which he is a permanent, or temporary, member." It would
exclude the punishment of captured enemies and animals. The theory that punishment is
the outgrowth of private vengeance is supported by overwhelming authority. Mac-
Dougal defines it as "the binary compound of anger and positive self feeling." Let us go
to the simplest sources for information. If I step on my dog accidentally, even though he
is ordinarily very friendly, he may bite me. This, I take it, is an instinctive act, almost
reflex in character. It is certainly a defense mechanism and is, perhaps, akin to
punishment. Bees ferociously attack any foreign intruder and even destroy it. This may
be akin to punishment; it is certainly social defense. Whether it is retaliation or not is
difficult to say. Wherever human beings have charge of animals there is a 'ruthless
insistence upon obedience to a conventional conduct pattern. Any variation from the
prescribed conduct is annoying and irritating and results in savage retaliation. In the
government of children, failure to adopt the prescribed mode of conduct annoys and
irritates us and often leads to violent attacks for the purpose of inflicting punishment.
Here it has been necessary to pass laws and to organize societies to protect children from
the brutality of their parents and others in the name of punishment. 1

1
ELLSWORTH FARIS. "THE ORIGIN OF PUNISHMENT." INTERNATIONAL JOURNAL OF ETHICS 25
(1914):54-67.

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PUNISHMENTS NOT PART OF IPC:-
Although there are different different type of punishments under IPC but there are few
other type of punishment which were previously proposed but not accepted and not a
part of IPC. Some of them are as follows-:

Public Censure
It was prevalent in previous times. It was like defaming someone in front of
huge masses just to make ashame to the offender of the crime which he has
committed. It creates a fear of shame and blot spot on one’s name and reputation. It
is given to send a message to others and create a fear so that nobody should dare to
do it again.It is like a creating and giving a lesson for others. For example balding of
head in public, painting the black colour on the face, making the ride on donkey etc.
Community Service
It was like reforming a person by involving the convicted person in social
activities which lead to reformation and recreation of that person’s mind and soul.
Making him to work in orphanage, involving him in religious institution and
activities. Working in a reformatory. It provides a way to the convicted that he can
show his feeling of regret of the offence which has committed. It’s an effort to restore
a man to society as a better and wiser man as a good citizen. It makes the criminals
harmless. Work on the criteria of that man is not born criminal.
Externment
It involves the practice of barring of convicted person from his place to very far so
that he can not be capable of commit crime as it wll not provide a favourable and
identified atmosphere for him. In common language it is known as tadipaar.
Compensation
It is a type compensatory punishments. It is aimed at providing helping aid, welfare and
relief to the plaintiff. It’s like whatever loss you have suffered due to the offence
committed by the convicted should be recovered by or from the convicted himself.
Because sometimes just by giving punishment doesn’t provide any comfort to the
plaintiff.

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Disqualification from holding Public Office

Under this if any person holding any of the public office and committed any offence
then he is not allowed to hold that office since then only. Not only this he will also
not allowed to hold any of the public offices for the future also

CONCLUSION:-
Punishment Is The Way Of Creating The Feeling Of Guilt In The Mind Of The
Accused Person. It Is Given To Create Fear In The Mind Of Criminals, Setting A
Lesson For Others, Providing Protection To Society And Having A Deterrent
Effect On The Criminal Activities. Each Of The Types Of The Punishments Have
The Importance Of Their Own. Despite Of Various Difficulties It Is Now
Accepted And Recognized As The “The Prevention Of Crime” And “The
Protection Of The Society”.

Sometimes Giving The Punishment Is Not So Effective In Creation Of Guilt.

Sometimes Not Giving Of Punishment Is Much More Effective Than Giving.
Because If You Have Been Not Punished Of Your Offences Creates A Internal
Bleeding Of Regrets Which Leads To Change And Reformation Of The Person
Accused.

Whatever Punishment Might Have Been Suitable In Past May Not Be So

In The Present Or Whatever Might Be Useful In One Country May Not Be So In
Another. Then Again The Same Kind Of Punishment May Not Bring About The
Desired Effect Upon All The Types Of Criminals Alike. In Sum Universalization
Of Punishment Is Impossible. Therefore We Have To Study The Criminal Before
Prescribing The Proper Form Of Punishment To Him According To His Physical,
Social, Educational, Or Cultural Make-Up Because The Same Punishment Upon
The Individualization Of Punishment Although They Appear To Be Fully Aware
With The Difficulties In It’s Implementation.

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REFERENCES

 Fyodor Dostoevsky, Crime and Punishment (English), Random House Publishing

Group, 1996 October.
 Peters, Richard Stanley (1966). Ethics and Education. pp. 267–268. JSTOR 3120772.
 Doing Justice - The Choice of Punishments, A VONHIRSCH, 1976, p.220
 Kinds of Punishments,Http://Www.Lawnotes.In/Kinds_Of_Punishments

 What Are The Different Kinds Of Punishment PracticedIn Indiaexplained,

Http://Www.Shareyouressays.Com/115857/What-Are-The-Different-Kinds-Of-
Punishment-Practiced-In-Indiaexplained
 Lewis Lyons, “The History Of Punishment”,Globe Pequot Press,01-Sep-2003.

 Ellsworth Faris,"The Origin Of Punishment.", International Journal Of Ethics,25

(1914):54-67.
 Bedau, Hugo Adam And Kelly, Erin, "Punishment", The Stanford Encyclopedia Of
Philosophy (Spring 2010 Edition), Edward N. Zalta (Ed.), URL =
<Http://Plato.Stanford.Edu/Archives/Spr2010/Entries/Punishment/>.
 Http://Www.Tentmaker.Org/Books/Originandhistory.Html
 Bedau, Hugo Adam And Kelly, Erin, "Punishment", The Stanford Encyclopedia Of
Philosophy (Spring 2010 Edition), Edward N. Zalta (Ed.), URL =
Http://Plato.Stanford.Edu/Archives/Spr2010/Entries/Punishment/

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