PENOLOGY

ORIGIN OF PENOLOGY
• The word “PENOLOGY” was used, in the year 1834, for first time by
FRANSIS LABRIYER.. HE WAS GERMAN AMERICAN WRITER ..
• He used this word was in relation to the METHOD to punish the
CONVICTS, whose offenses were proven ..
BUT BEFORE IT
• THE concept of penology was made clear by CESARE BECCARIA, He
was the propounder of classical school of CRIMINOLOGY, FOR THE
FIRST TIME, IN THE YEAR 1764 .. in his literature “CRIMES AND
PUNISHMENT”
• THUS, THE CONCEPT OF PENOLOGY IS NOT VERY OLD ..
 AIMS AND OBJECTIVES OF
PENOLOGY
• It is the function of the STATE to punish the offenders.
• The incidence of crime and its retribution .. It is always an unending
aspects.. It always go on ..
• With the change in the society, LIKE CULTURAL, IN EDUCATION,
DEVELOPMENTS, social values also gets changed .. So, the
types/nature and severity of crime also change ..
• so the way of its curbing also is required to be changed ..
• The public opinion and their sentiments upon the punishment also
gets changed..
• SO THE STUDY OF PENOLOGY IS CONTINEUOSLY STUDIED ..
 CONTD.. OBJECTIVES
• To study and evaluate the application of penal sanctions to criminals..

• Explains the justification, characteristics and effectiveness of

punishment, in its various forms..

• So, penology is the systemic study of

• Different facets of punishment
• Its effect on the crime, criminals and the society
• Thus, the object to study the PENOLOGY is not only make provisions
of punishment stringent ONLY, as per the social requirement or say as
the crime rate in the society,

• BUT, also to study how the offenders can be REFORMED, CURED AND
ALSO AS TO HOW THEY CAN BE TAKEN BACK TO THE MAIN STREAM
OF THE SOCIETY

• So, it is not all about punishing the wrong doers only, but also to
restrict or stop the supply of more criminals to the society ..
• THUS, the objects of studying PENOLOGY, if we summarise, are
..

• TO STUDY THE PUNISHMENTS POLICY, AS IT EXISTS

• TO STUDY WHETHER REQUIRED TO MADE STRINGENT OR BE MADE LIBERAL

• HOW THE OFFENDERS CAN BE REFORMED AND CURED

• HOW TO TAKE THEM BACK TO THE MAIN STREAM OF THE SOCIET, SO THAT THEY CAN
LIVE NORMALLY LIKE OTHER CITIZENTS, HAVING WIPED OFF THEIR CRIMINALITY..
• THEREBY, HOW THE SUPPLY OF CRIMINALS CAN BE RESTRICTED SO THAT THE SOCIETY
CAN BE MADE OF LESS CRIME, IF NOT CRIME FREE ..
 OBJECTS OF PUNISHMENTS

• THE PROPOUNDER OF PENOLOGY .. CESARE BECCARIA STATED THAT,

• the justification or reason of punishment should not MERELY to

punish the offender but ..also to deter the POTENTIAL CRIMINALS ..

• THUS, THE OBJECT TO STUDY THE PENOLOGY IS TO FRAME PROPER

PUNISHMENT SYSTEM.
• TO MAKE SUCH SYSTEM MORE AND MORE CURATIVE AND
REFORMATIVE .. TO MAKE THE SOCIRTY MORE AND MORE SAFE ..
• Punishment is a method of reducing the incidences of CRIMINAL
BEHAVIOUR … either by
• deterring the POTENTIAL OFFENDERS , OR,
• BY INCAPACITATING AND PREVENTING THEM from repeating the
offense

• These are the main principles, which are desirable for the society ..
• These can be said as the main objectives of PUNISHMENTS ..
 CONCEPT OF PUNISHMENT
• Sir Walter Moberly, while accepting the definition of PUNISHMENT, PUNISHMENT
presupposes that,

• What is inflicted is an ill, or difficulty or hardship, that is unpleasant

• It is the sequel or result to some act which is disapproved by the authority,

• It must be corresponding or as per the wrong act committed,

• It is inflicted, that is imposed, for the voluntary act,

• It is inflicted upon the offender, who is supposed to be answerable for his wrongs ..
 GOAL OF PUNISHMENT
1. Deterrence : (डराना) Punishment frightens or scare a person from
committing crime. by making severe enough punishment, his
pleasure, derived from the offence, is OUTWEIGHED ( महत्व कम करना),
by putting the offender in pain and probability of punishment

2. Incapacitation ( अशक्त करना) : Imprisonment or jail, has the effect of

confining the prisoners ..and also making them incapable of committing
crime .. Very dangerous criminals are even sentenced to LIFE
IMPRISONMENT .. OR EVEN DEATH SENTENCE .. FOR HENIOUS AND
BRUTAL CRIMES ..
Contd…
3. Restoration (repair) : for some minor offenses punishment is in the form of
fine or compensation to victim of crime.

4. Rehabilitation : it is for rehabilitation of the offender .. To reform him as a

law abiding citizens, so as to bring change in him, so as to make him socially
accepted ..

Thus, punishment is a tool by which the offender is punished and is deterred

for future behaviour on one hand, and on the other hand, he can be reformed,
too, to bring him in the main stream of the society.. By it, the society can be
made mare safe and convenient to its members ..
 THEORIES OF PUNISHMENT
• Generally speaking there are 4 theories of punishment.

• These theories, though, are not mutually exclusive, but each of them
plays an important role in dealing with the offenders. The difference
between them is so thin, that they can not be separated from each
other.

• The major theories of punishment were laid down during the period
of 18th century. These were so acceptable that these are relevant even
todays time.
1.. DETERRENT THEORY OF
PUNISHMENT
• JEREMY BENTHAM was the founder of this theory.. He believed the
principal pf HEDONISM (a man pursuit to pleasure.. इंसान खुशी चाहता है, प्रसन्नता का पीछा
करता है)..

• So, he said that a man would be deterred from committing crime, if the
punishment applied to him is SWIFT(speedy), CERTAIN, AND SEVERE.

• This theory is considered as an EVIL but is necessary to maintain law and

order in the society.
• It is to create fear in the mind of other, by providing punishment to the
offenders.. So that the other people may be kept away from committing
crime.

• Thus the rigour penal discipline acts as a sufficient WARNING to the

offenders as well as to the other people..(सजा एक को, सबक सबको)
• So, it is considered as a means to attain SOCIAL SECURTY ..

• So, it is considered as an effective policy of punishment .. Which is well

accepted by all penal system ..
• Generally it is effective upon large segment of people..
• Then also it is not EFFECTIVE ..

• in case of HARDENED AND BLUNT OFFENDERS..

• THEN, THE OFFENSES COMMITTED ON THE SPUR OF THE MOMENT DUE TO

PROVOCATION .. COMMITTED WITHOUT ANY INTENTION OR PLANNING OR
DESIGN

• So, even death penalty could not create deterrent effect on such offenders ..
2. RETRIBUTIVE THEORY OF
PUNISHMENT (बदला लेना)
• This theory suggests that an evil should be returned for evil, without
any regard to its consequences. The DETERRENT THEORY punishes the
offenders to deter the offenders and restricts the prospective
offenders. Whereas the RETRIBUTIVE THEORY suggests that the
feelings of revenge of the victim should be satisfied.
• It believes that by punishing the offenders, the STATE takes revenge,
on behalf of the victim and also for the whole society.
• Thus, retributive theory suggest that punishment is an expression of
displeasure of the society. It disapproves that criminal act of the
offender.
• It supports the act of taking revenge .. It justifies taking revenge .. By
way of punishing the offender ..
• So, it is a natural justification.. Because society thinks that a bad man
should be punished and good ought to be rewarded.
• It says that the offenders should pay for what they have done.. Means
they should pay for their wrongs..
• This theory is originated from the CRUDE ANIMAL INSTINCT OF AN
INDIVIDUAL.. Means .. To retaliate when is hurt .. Meaning thereby it
is the natural behaviour that an individual would take revenge, as his
retaliation of the hurt, caused to him..
• So, this theory suggests that the offender should be punished so that
the instinct or feeling of taking revenge of the victim, can be satisfied
by inflicting punishment ..

• Thus, the purpose of punishment, as per this theory, is that the

offender should be punished as he deserves it.. The purpose is just to
punish him.. Just to see that he should also suffer pain .. as the victim
has suffered ..
• It is believed that the retributive theory is associated with the notion
of EXPIATION (शुद्धहीकरण), meaning thereby, the offender can be
cleaned by inflicting punishment, and so he becomes innocent citizen.

• Due to this consideration, a mathematical equation of crime is said, as

GUILT + PUNISHMENT = INNOCENCE.
• This theory is opposed by many PENOLOGISTS .. saying that, this
theory is an expression of REVENGE FOR AN INJURY ..

• It works on the principal that, you hurt me, so I will hurt you.
• INDEED IT IS LITERAL MEANING OF RETRUBUTION. Further, if I can
not hurt you myself, I demand that you should be hurt by others..
• Thus, the desire to punish or to make him suffer, is simply because, it
is felt that he deserves to suffer.. It is the essence of retribution ..
• Thus, the purpose of punishment, as per this theory is NOT as it is in theory
DETERRENT THEORY ..
• The deterrent theory suggests that the purpose of punishment should be to
deter the offender and also to the other persons of the society, so that the
crime can be reduced ..

• WHEREAS, the purpose of the retributive theory is just to punish.. because

the offender deserves it as he caused some pain/ sufferings to the victim ..
• It is NOT because the GUILT should be PURGED (शुद्ध करना).. OR NOT TO
DETER HIM FROM FUTURE CRIME .. BUT SIMPLY TO PUNISH HIM ..
• Most penologists do not believe or agree with this theory ..
• They refuse to believe that the offenders should be punished WITH A
VIEW TO MAKING THEM PAY THEIR DUES, OR TO TAKE REVENGE FROM
HIM..
• The reason given behind it is that, NO SOONER HE COMPLETES HIS
PUNISHMENT, HE THIKNS THAT HIS GUILT IS WASHED OUT AND SO HE IS
FREE TO INDULGE IN CRIMINALITY ..AGAIN..
• It is said that the intention or purpose to punish the offender is NOT to
make the society secure or safe or to get the offender back in society,
but just to punish him, so that he also get suffering as he deserves for
it ..
• However, the MODERN PENOLOGIST discard the retribution in the
sense of VENGEANCE .. TAKING REVENGE .. BUT IN THE SENSE OF
REPROBATION (निंदा)
• They believe that the THE SENSE OF REPROBATION ..MUST BE AN
ESSENTIAL ELEMENT..IN ANY KIND OF PUNISHMENT ..
• Thus, the purpose of taking revenge AS ..INTENTION OR THE DESIRE ..
is not acceptable to the MODERN PENOLOGISTS,
• Thus, as per their say, the purpose of punishment should NOT BE JUST
TO TAKE REVENGE ..