THEORIES OF PUNISHMENT AND IT’S IMPLICATIONS IN 21ST CENTURY INDIA

With the constant change in society since 15 th August, 1947 in India and the development of science and globalization we are one click away from one another. India being a Sovereign Socialist Secular Democratic Republic has developed in it’s social, political, cultural, educational, judicial as well as legislative sectors. In India most of the statutes are of pre-independence era i.e. Indian Penal Code, 1860, Code of Civil Procedure, 1908 etc. In the Indian Penal Code, 1860 we find the influence of all the theories of punishments and with the change of society and with a better understanding of the Psychological  Quotient of the offenders, concept of Plea-Bargaining has been incorporated into the Code of Criminal Procedure,1973 vide amendment dated 11 th January, 2006 under chapter XXIA as Section 265A to 265L . Keeping in mind the change in society and the psychological factors behind an offence the ‘Reformative Theory’ of punishment has obtained a greater place in the Indian statute but the concept of ‘Capital Punishment’ is very much prevailing in the Indian Penal Code, 1860 in respect of certain offences.