Theories of Punishment: Deterrent, Retributive, Reformative, Preventive

Exam Snapshot

Punishment theories are core jurisprudence. Expect MCQs on definitions, proponents, and how Nepal's Muluki Apradh Samhita 2074 reflects each. Focus on distinguishing principles and common overlaps.

Core Concept

A theory of punishment provides the jurisprudential justification for the State's imposition of penal sanctions. It answers why society punishes, informing sentencing philosophy and legislative intent.

Nepal Law Anchors

Confusable Terms

It's easy to mix the theories due to their intertwined goals. Use this table for clarity:

Theory Core Idea Purpose of Punishment Proponents Nepal Law Reflection
Deterrent Create fear to prevent future crimes. Prevent recidivism (specific) & general crime (general). Jeremy Bentham, Manu Strict penalties for serious crimes (e.g., murder) to discourage others.
Retributive 'Just deserts'; punishment should fit the crime. Restore moral balance; give offender what they deserve. Immanuel Kant, Hegel 'An eye for an eye' principle, though moderated. Proportionality of punishment.
Reformative Rehabilitate the offender into a law-abiding citizen. Change offender's character and conduct. Bentham, various humanitarians Focus on correctional facilities, probation, community service.
Preventive Physically or legally disable the offender from committing more crimes. Incapacitate or restrict the offender. Early thinkers Long prison sentences, habitual offender laws.

MCQ Traps

Example

Scenario: A thief is caught. How would each theory approach sentencing?

Memory Hook

Quick Revision