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Reformative Theory of Punishment Introduction

Human society is a cooperative effort protected by coercion. By coercion, we mean a state where recognised authorities are forced to punish anyone who violates Commonwealth rules and laws. The practice of punishment is essential for maintaining this social cohesion. Law is one of the most important pillars of the state. Punishment is needed to administer justice. There are different theories of punishment that are promising, preventive and corrective, preventive. One of the most controversial aspects of legal philosophy concerns the justification of specific punishments for particular criminal violations. Punishment is a recognized function of all the states. With the passage of time, the systems of punishment have met with different types of changes and modifications. To administer justice is an essential function of the state and it is the duty of the state to provide a peaceful environment to its people. Thus, the philosophy behind the concept of punishment is not only to provide justice to the victims but also to maintain safety and security in the society, punishing a criminal is not just torture or humiliation on him, achieving a higher goal and establishing a peaceful society. The concept of punishment under modern jurisprudence is usually associated with criminal law. The law exists to unite the community. It is sovereign and impunity cannot be violated. Roscoe Pound Observations; "Laws are policies recognized or enforced by official and regular tribunals in the conduct of policy". What is punishment? Punishment is a means of Social Control. H.L.A Hart with Mr Bean and Professor Flew have defined “punishment” in terms of five elements:     

It must involve pain or other consequence normally considered unpleasant. It must be for an offence against legal rules. It must be intentionally administered by human beings other than the offender. It must be an actual or supposed offender for his offence. It must be imposed and administered by an authority constituted by a legal system against which the offence is committed.

The Concept of Reformative Theory According to this theory, the subject of punishment should be reformed through the method of personalization. It is based on the humanitarian principle that even if a criminal commits a crime, he does not stop being human. He has committed a crime in a situation that never happens again. So he should try to reform him during his imprisonment. The purpose of punishment should be to reform the morals of the criminal. During his imprisonment, he must be educated and taught some art or craft so that he can start life again after his release from prison.

Proponents of her case have been working to make the actual transcript of this statement available online. Even the harshest inmates can be transformed into reformed and helpful friends with good words and light advice. Severe punishment can only reduce them. People always kick. The whip will shake him. Threat resistance will result. Prison Hell can create a consciousness of denying God and man. Execution of a criminal is merely a recognition of the fact that people have failed to reform the erroneous citizen. Corporal punishment like whipping and pillowing destroys all the great feelings and tenderness of man. Light imprisonment, including probation, is the only form of punishment sanctioned by the proponents of the reformist theory. According to Salmond, if criminals are to be sent to prisons to be converted into good citizens through physical, intellectual and moral training, prisons need to be turned into comfortable habitats. There are many incompetent criminals who are beyond the reach of reformist influence and with whom crime is not a bad habit but instinct and their destiny must go to their fate. But people criticize; The primary and inevitable consequence of a criminal trial is not reform and reform. Reform theory is also known as rehabilitation punishment. The purpose of punishment is to "reform the offender as an individual, so that he may again be a member of the general law-abiding community." The pressure is on the individual and the personality. ” The reformist theory is supported by criminology. Criminology treats every crime as a pathological phenomenon as a mild form of insanity, a congenital or acquired physiological defect. There are some crimes that are caused by the intentional violation of moral law by the common man. Adequate punishment should be given to such offenders to prove the authority of moral law. In theory, offenders commit crimes largely because of psychological factors, personality flaws, or social pressures. As a result, sentences are tailored to the needs of individual offenders and usually include aspects of rehabilitation such as community service, compulsory therapy or counseling. The pre-report sent by the probation officer or psychologist plays a sufficient role in assisting the judicial officer in making an appropriate sentencing decision. According to the proponents of the reformist theory, punishment is not applied as a means to benefit others. Rather the offender is punished for educating or reforming. Here, the crime committed by the perpetrator is ended, not like the deterrent theory. This view is generally accepted at the present time. Forgiveness can change the nature of the offender and give the offender a chance to repent and reform. It is clear that reformist theory does not justify the death penalty. It supports criminal reform. According to this theory, a crime occurs as a result of a conflict between a person's character and the offender's intentions.

This purpose may be achieved through the agencies of parole and probation which have been accepted as modern techniques of reforming the offenders all around the world. Thus the advocates of this theory justify prisonisation not solely for the purpose of isolating criminals and eliminating them from the society, but to bring about a change in their mental attitude through effective measures of re formation during the term of their sentence.In Narotam Singh v. State of Punjab [v], the Supreme Court has taken the following view“Reformative approach to punishment should be the object of criminal law, in order to promote rehabilitation without offending community conscience and to secure social justice.”...