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    Punishment

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    smnurealam1
    This document discusses different forms of punishment, including: 1) Flogging, mutilation, branding, stoning, and pillory - which were common historical forms of punishment but are now seen as cruel. 2) Transportation - sending criminals away, typically to remote locations. This was used in British India but abolished in 1955. 3) Imprisonment - now the most widely accepted form of punishment worldwide, with the goal of removing criminals from society. 4) Financial penalties like fines or property confiscation - used for minor offenses or property crimes. 5) Death penalty - its use has greatly reduced over the last century but remains controversial among scholars. The document provides examples and

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    Punishment

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    smnurealam1
    17 views13 pages
    This document discusses different forms of punishment, including: 1) Flogging, mutilation, branding, stoning, and pillory - which were common historical forms of punishment but are now seen as cruel. 2) Transportation - sending criminals away, typically to remote locations. This was used in British India but abolished in 1955. 3) Imprisonment - now the most widely accepted form of punishment worldwide, with the goal of removing criminals from society. 4) Financial penalties like fines or property confiscation - used for minor offenses or property crimes. 5) Death penalty - its use has greatly reduced over the last century but remains controversial among scholars. The document provides examples and

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    2. Punishment

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    This document discusses different forms of punishment, including: 1) Flogging, mutilation, branding, stoning, and pillory - which were common historical forms of punishment but are now seen as cruel. 2) Transportation - sending criminals away, typically to remote locations. This was used in British India but abolished in 1955. 3) Imprisonment - now the most widely accepted form of punishment worldwide, with the goal of removing criminals from society. 4) Financial penalties like fines or property confiscation - used for minor offenses or property crimes. 5) Death penalty - its use has greatly reduced over the last century but remains controversial among scholars. The document provides examples and

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views13 pages

    Punishment

    Uploaded by

    smnurealam1
    This document discusses different forms of punishment, including: 1) Flogging, mutilation, branding, stoning, and pillory - which were common historical forms of punishment but are now seen as cruel. 2) Transportation - sending criminals away, typically to remote locations. This was used in British India but abolished in 1955. 3) Imprisonment - now the most widely accepted form of punishment worldwide, with the goal of removing criminals from society. 4) Financial penalties like fines or property confiscation - used for minor offenses or property crimes. 5) Death penalty - its use has greatly reduced over the last century but remains controversial among scholars. The document provides examples and

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    of 13

    Punishment

    Presented by
    Md. Ahsan Kabir
    Assistant Professor
    Department of Law and Justice
    Jatiya Kabi Kazi Nazrul Islam University
    Definition of Punishment
    • Black- Punishment is a sanction such as fine, penalty,
    confinement or loss of property, right or privilege assessed
    against a person who has violated the law.
    • Glanville Williams- Punishment is all forms is a loss of rights or
    advantages consequent on breach of law.
    • So, punishment is the remedy against the violation of the public
    law.
    • Punishment, in criminology, is punishment for crime, imposed
    by the judiciary in accordance with penal law, and administered
    by penal institutions such as prisons and the probation service.
    • Other types of 'punishment', such as detention of pupils by
    teachers, beatings or community expulsions of criminals by
    vigilantes and lynch mobs, are usually excluded (Hudson, 1996:
    2).
    Cont…
    • It is essential to the definition of punishment in
    this context that it is inflicted because of
    behaviour which transgresses the criminal law,
    and that the pain or hardship involved is
    intentional, not just a coincidental or accidental
    outcome.
    • The criminology of punishment is conceived as
    the study of penality, a term which indicates a
    complex of theories, institutions, practices,
    laws, professional roles and political-public
    attitudes which are concerned with the sanctioning
    of criminals (Garland and Young, 1983: 14).
    Forms of Punishment
    1.Flogging
    • Main instrument of flogging is whipping or strapping
    • In great Britain it is a legal penalty for certain adult crimes and
    juvenile delinquencies.
    • Whipping has been officially retained in some western civilization
    • Flogging as a mode of punishment is being used in most of the
    middle-east countries even to this days
    Instrument
    The instrument and method of flogging is different in different
    countries.
    i. There is a general belief that whipping may serve some useful
    purpose in case of minor offences e.g. eve teasing, drunkness,etc.
    ii. In case of hardened criminal it became ineffective.
    2. Mutilation
    • Commonly used in early times
    • Known to have been in practice in ancient India during Hindu
    period.
    • Person who committed theft were chopped off
    • It was in practice in England, Denmark, many other European
    countries
    Effect
    • Justification advanced in support of mutilation is that it
    serves as an effective measure of deterrence and retributive.
    • Such punishment have an inevitable tendency to infuse
    cruelty among people.
    3. Branding
    • Roman penal law supported this mode &
    criminals were branded with appropriate
    marks on the forehead
    • This acted as a forceful weapon to combat
    criminality.
    • This mode of corporal punishment now
    stands completely abolished with the advent
    of humanitarianism in the field of penology.
    4. Stoning
    • Stoning the criminals to death is also known to have
    been in practice during the medieval period.
    • This mode of sentencing is still in practice in some of
    the Islamic countries
    • The offenders involved in sex-crimes are generally
    punished by stoning to death.
    Nature:
    • It is a punishment barbaric in nature.
    • Have deterrent effect in cases of crime against women.
    5. Pillory
    • It was practiced till 19th century
    • The criminal was made to stand in a public place with his head
    and hands locked in an iron frame so that he could not move his
    body.
    • The offender could also be whipped or branded or stoned while
    in pillory.
    • The system existed in different form during the Moghul rule in
    India.
    • Until the middle of the twentieths century it was in practice in
    different part of the world
    Effect
    ❑ it was a cruel and barbaric punishment
    ❑ It has no place in modern penal system
    6. Transportation
    • For centuries this has been commonly used in most part of
    the world with a view to eliminating them from society .
    • Practically all societies have banished some criminals
    especially political criminals.
    • The practice of transportation is known to have existed in
    penal system of British India. It was popularly called
    ‘Kalapani’.
    • Dangerous criminals were dispatched to remote island to
    Andaman and Nikobor.
    • This practice finally abolished in 1955.
    • Garofalo supported it because of its deterrent effect.
    • This practice has been abandoned by most countries
    excepting some Latin American cuntries.
    7. Imprisonment
    • It is still the most accepted form of punishment throughout the world.
    • To detach the criminal form the society is the purpose of the society
    • In modern times it has been proved as efficient measure of reforming the
    criminals.
    Different types:
    a. Life imprisonment
    Sec: 55 of the penal code
    a. Solitary confinement

    8. Financial penalties
    Different modes are –
    -- confiscation of property or
    -- imposition of fine
    These are used in case of property crimes and minor offences
    9. Death penalty
    • During the course of last century a very
    distinct trend away from the death penalty
    has occurred.
    • According to Amnesty International, as of
    July 2015, 101 countries have abolished
    the death penalty for all crimes in law
    • This is the most debated subject among the
    penologist.
    Punishment as to Penal Code, 1860
    • The punishments to which offenders are liable under the
    provisions of this Code are,-
    • Firstly,- Death;
    • Secondly,- Imprisonment for life;
    • Thirdly,- Omitted
    • Fourthly,-Imprisonment, which is of two descriptions,
    namely:-
    • (1) Rigorous, that is, with hard labour;
    • (2) Simple;
    • Fifthly,- Forfeiture of property;
    • Sixthly,- Fine.
    Thank You

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