Theory of Punishment | UPSC Mains: Ethics, Integrity & Aptitude PDF Download

• The Retributive theory holds that punishment should be inflicted because it is deserved, and for no other reason. The core principle of this theory is justice, which assumes that if a right act deserves a reward, then a wrong act deserves punishment. Punishment, in this view, is seen as the rightful consequence of the wrong act, treating the wrongdoer as an equal. 
• Aristotle and Hegel both support the idea that punishment serves as a negative reward for a criminal. Hegel specifically argues that the violation of moral law demands punishment, meaning that punishment is a natural result of the criminal’s wrongful actions.

Reformative or Educative Theory of Punishment

The Reformative theory of punishment focuses on the idea that punishment should be given with the aim of reforming the criminal. Supporters of this theory argue that crimes are often committed due to ignorance, wrong choices, or underlying mental or physiological issues. They believe that most criminals suffer from conditions such as mental deficiencies or insanity, which lead them to commit crimes. Thus, rather than merely punishing the criminal, this theory advocates for reforming and curing the criminal.

Plato is traditionally considered the father of the Reformative theory, and his stance on punishment can be summarized in three key points:

• The state should relate to the delinquent as a parent does to a child.
• Wickedness or criminal behavior is akin to a mental disease.
• Punishment is a form of moral medicine, which, although unpleasant, is essential for healing and reforming wicked acts.