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19. Theories of punishment can be divided into two general philosophies : Utilitarian and Retributive. The utilitarian theory of punishment seeks to punish offenders to discourage, or 'deter', future wrongdoing. The Retributive theory seeks to punish offenders because they deserve to be punished.

20. As per utilitarian philosophy, laws should be used to maximize the happiness of society and crime and punishment are inconsistent with happiness and they should be kept to a minimum. The utilitarians endeavour to inflict only as much CA No: 12/2014 Page 8 of 10 D.O.O. 22.05.2015 Smt. Vijay Shri Vs. 1. Devender Kumar

2. The State punishment as is required to prevent future crimes. The utilitarian recognizes that the punishment has consequences for both the offender and society and holds that the total good produced by the punishment should exceed the total evil i.e. Punishment should not be unlimited. Rehabilitation is another utilitarian rationale for punishment.

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.