Basic Theory | Part 2 | Law of Crimes

Q1. What are the objectives accepted for enforcement of criminal law by punishments ?

Ans. There are five objectives accepted for enforcement of criminal law by means of punishments:

  1. Retribution
  2. Deterrance
  3. Incapacitation
  4. Rehabilitation
  5. Restoration

Q2. What is the retribution theory of punishment ?

Ans. The retribution theory of punishment deals with the “righting of balance”. If a criminal has done a wrong towards a person or property he needs to be given a penalty in a manner which balances out the wrong done.

For example: if a person has committed a murder, he can be delivered a capital punishment to balance out the suffering caused to the victim and his or her family.

Q3. What is the deterrence theory of punishment ?

Ans. The deterrence theory of punishment serves as a major tool in maintaining the general law and order in the society, especially from the perspectives of Crime. Criminal acts are penalized so as to deter individuals from repeating it or even entering into it in the first place.

Q4. What is the incapacitation theory of punishment ?

Ans. The objective of this theory of punishment is to segregate the criminals from the rest of the society. For the crimes committed, they suffer a kind of banishment by staying in prisons and in some cases they are also subject of capital punishment.

Q5. What is the rehabilitation theory of punishment ?

Ans. The rehabilitation theory of punishment aims at transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.

Q6. What is the restoration theory of punishment ?

Ans. This is a victim-oriented theory of punishment. The objective is to repair, through state authority, any injury inflicted upon the victim by the offender. For example, one who embezzles will be required to repay the amount improperly acquired. Restoration is commonly combined with other main goals of criminal justice and s closely related to concepts in the civil law, i.e. returning the victim to his or her original position before the injury.

Q7. What is the purpose of Criminal Law in India ?

Ans. The purpose of criminal law in India is:

  1. to define a variety of crimes, e.g. theft, cheating, murder, etc.
  2. to prescribe appropriate punishment for each crime e.g. imprisonment or fine
  3. to lay down suitable investigation and trial procedures.

Q8. What are the sources of Criminal Law ?

Ans. The two important sources of law are:

  1. The Indian Penal Code,  1860, which defines various crimes such as murder, theft, etc.
  2. Code of Criminal Procedure, 1973, which lays down the procedure for both the police to investigate crimes and for trial of offences.

Q9. What are special criminal laws, give examples ?

Ans. The special criminal laws are the laws that defines crimes that are in addition to those defined under the Indian Penal Code (IPC). They are passed by the Parliament or State Legislatures. Examples include: 

  • Information Technology Act,
  • Prevention of Corruption Act,
  • Food Adulteration Act,
  • Dowry Prevention Act,
  • Commission of Sati Act, etc.

Q10. Write the introduction of  Indian Penal Code ?

Ans. The Indian Penal Code was passed in 1860 and came into force in 1862. It deals with only the substantive criminal law and not with procedural criminal law. It was drafted after consulting various existent criminal codes in the world such as the French Penal Code as well ass the Code of Louisana in the U.S. The Indian Penal Code is divided into 23 chapters, comprising 500 sections.

Q11. Give the broad classification of crimes under the IPC ?

Ans. ipc_03

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