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21. As per Retributive theory, offenders are punished for criminal behavior because they deserve punishment as criminal behaviour upsets the peaceful balance of society and punishment helps to restore the balance. The retributive theory focuses on the crime itself as the reason for imposing punishment whereas the utilitarian theory looks forward by basing punishment on social benefits.
22. However, our legal system shows its adherence to utilitarian ideals in the creation of systems such as Probation and Parole. These systems seek to limit punishment to the extent necessary to protect society.