Skip to main content

Types of Punishments

Punishments:

The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are:

1) Death Penalty or Capital Punishment

2) Life Imprisonment

3) Imprisonment

a) Rigorous

b) Simple

4) Forfeiture

5) Fine

1. Death Penalty or Capital Punishment:

It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes:

a) Waging war against the Government of India (Sec-121)

b) Abetting Mutiny that is actually committed (Sec-132)

c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194)

d) Murder (Sec- 302)

e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305)

f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307)

g) Punishment for repeat offenders (previously convicted for an offence punishable under Section-376)

h) Dacoit accompanied with Murder (Sec-396)

2. Life Imprisonment:

It is now substituted for Transportation. “Imprisonment for Life” in the IPC means, “Rigorous Punishment for Life” and not the “Simple Imprisonment for Life”

3. Imprisonment:

In the case of Rigorous Imprisonment, the offender is put to a hard labor such as grinding the Corn, Digging the Earth, Drawing the water, cutting the woods etc In the case of Simple Imprisonment, the offender is sent to the jail and is not put to any kind of work. The maximum imprisonment that can be awarded for an offence is 14 years. The lowest term that can be awarded for an offence is 24 hrs.

4. Forfeiture:

The punishment of absolute forfeiture of all the property of the offender is now abolished. There are however 3 offences in which the offender is liable to forfeiture of a specific property, they are: Section – 126, 127 and 169.

5. Fine:

Fine is a sum of money ordered by the court in the exercise of criminal jurisdiction to pay as a punishment for an offence. Fine may be sole or alternative punishment along with imprisonment. Fine is the only punishment in the following cases:

a) A person in-charge of a merchant vessel, negligently allowing a deserter from the Army or Navy or Air Force to obtain concealment in such vessel, is liable for fine not exceeding more than Rs.500/- (Sec-137)

b) The owner or the occupier of the land on which a riot is committed is punishable with a fine not exceeding more than Rs.1000/- (Sec-154)

c) The person for whose benefit a riot has been committed (Sec-255)

d) False statement in connection with the election (Sec-171G)

e) Illegal Payments in connection with the election (Sec-171H)

f) Failure to keep election accounts (Sec-171i)

g) Obstructing a public way is punishable with fine.

h) Committing a public nuisance.

i) Publication for a proposal regarding lottery, is punishable with fine. 

Labels:

Comments

Post a Comment

Popular posts from this blog

Essentials of Forgery

Forgery: (Section 463) There are two sections defining forgery. 1) Sec- 463 defines forgery 2) Sec- 464 defines Making a false document 1. Forgery: A person who makes a false document or part of it with an intention: 1) to cause damage or injury to the public or to any person 2) to support any claim or title 3) to cause any person to part with property or enter into contract 4) to commit fraud or that fraud may be committed - is guilty of forgery; 2. False Document: A person is said to make a false document in the following circumstances: 1) He must dishonestly or fraudulently, make, sign, seal or execute a document, with knowledge or an intention to make others believe that it was genuinely done by the concerned authority. 2) The person, without lawful authority, dishonestly or fraudulently cancels, or alters the document made by himself or by any other (living or not). 3) The person may cause any other person who is insane or intoxicated or deceived, to sign or seal or execute or alt...
Post a Comment
Read more

Theories of Punishment

 Theories of Punishment: Imposing punishment upon the wrong doer was recognized from the time of immemorial. In olden days, severe punishment was imposed for smaller offence. As the civilization developed, the attitude towards the imposing of the punishment has been changed. Gandhi said, “Hate the Sin, but not the Sinner” Like this, other philosophers showed mercy upon the criminals and started analyzing the Socio-economic circumstances behind the incident of the offence. Their views are classified into: 1) Deterrent Theory 2) Retributive Theory 3) Reformative Theory 4) Preventive Theory 5) Expiatory Theory 1. Deterrent Theory: According to this theory, the punishment given to a wrong doer must be as hard as possible so that it may set an example who commits the same. That is, it not only punishes a particular person but it also directs punishment to the other possible criminals. The deterrent theory creates some kind of fear in the mind of other by providing an adequate penalty an...
Post a Comment
Read more