last 150 years shows that the theory that
death penalty acts as a greater deterrent than life
imprisonment is wholly unfounded. Even the various studies ... additional deterrent effect which life sentence does
not possess and it is therefore not justified by the
deterrence theory of punishment. Though retribution or
denunciation
Bachan Singh vs State Of Punjab on 9 May, 1980
Equivalent citations: AIR1980SC898, 1980CRILJ636, 1982
Bachan Singh vs State Of Punjab on 9 May, 1980
Equivalent citations: (1982)3SCC24, [1983
several theories of punishment the
reformative theory is irrelevant where death is the
punishment since life and not death can reform; the
preventive theory ... inconsequential as a deterrent.
Sir James Fitz James Stephen, a great Victorian Judge
and a vigorous exponent of the deterrent theory said in his
Essay
jurisdiction.
72. The next argument of the petitioners counsel was that theory of deterrent in awarding punishment has been condemned, hence the Parliament could ... deserved or not ? If punishment were to be based purely on theories of deterrence and reformation and the question of what the accused deserved were
duty of the State to punish the offender. In consequence, deterrence provides a rationale for punishing the offender. Hence, even when there is a settlement ... criminal law would have to be given more weightage than the theory of deterrence. In such a case, the court may be of the opinion
Jan Adalat Through Shaikh Ibrahim Abdul ... vs The State Of Maharashtra And Anr on 1
deterrence, general
deterrence, rehabilitation, or restoration. Any of the above or a
combination thereof can be the goal of sentencing.
(iii) Notwithstanding the above theories ... comes to
sentencing a person for committing a heinous crime, the deterrence
theory as a rationale for punishing the offender becomes more
relevant. In such
conducted by the Magistrate.
9. Our environmental law operates on a deterrent theory of Criminal Justice Administration. The Act was enacted with the purpose
Fine."
25. In criminal jurisprudence there are three theories
namely, (1) Reformative theory (2) Deterrent theory (3)
Retributive theory. In reformative theory
