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Role of Punishment: As a Tool for Revenge or Method of Reformation

Philosophical  Aspect
If we see from the point of view of today's society, then the purpose of punishment is to improve the criminal and not to take any kind of revenge from him. According to this principle, no man is born good or bad from the mother's womb, but the circumstances of that man make him a criminal and by changing the heart of the criminals, they can be stopped from committing crimes. According to this theory, many times people commit crimes due to compulsion, emotions, family circumstances etc. These people have a sense of guilt and should be given a chance to improve.

For e.g suppose a man is a labourer and if someone falls ill in his house and in such a situation he steals somewhere so that he can save the life of his family member. In this situation, if that person is punished for improvement, then there are chances that that person can lead a good life after completing his sentence.

International Laws
If we talk about Saudi, then the hand is cut off for stealing there. If someone is gay, then he is lashed, as well as if a person is found doing black magic. So that man is hanged. In this theory, most of the man does not get a chance to improve even if he has committed the crime under any circumstances. Whether he has the intention of committing a crime or not.

Indian Law

The same if we talk about our country, then here the intention of any criminal plays an important role. It is our wish that even if someone is getting punished, he should get it for his improvement and not for the feeling of revenge. Even Gandhiji has said that "Hate the sin not the sinner". He has to reform to prevent them from becoming hardened criminals.

Human Rights
If we talk about human rights, then the biggest human right is the right to life and the death penalty in any country is a concern for this right, there is a case to play an important role in this, from this case Bachchan Shing vs State of Punjab, we get to know that someone Whether the offence deserves the death penalty or not. To quote, the use of, carrying, manufacturing, selling, or testing weapons or ammunition prohibited under the Indian Scriptures Act 1959 was punishable by compulsory death.

But in February 2012, the Supreme Court held this provision to be unconstitutional in the light of the judgments of Bachan Singh v State of Punjab. This shows that the offences resulting in death are punishable with death only when they meet the rarest of rare criteria laid down in the Bachan Singh case.

Whenever punishment is received, there is both improvement and strength in it, if we look at it from the point of view of society, then punishment is given for improvement so that that person can become a good citizen, but if we think the same thing from a personal point of view, then no one A man goes to court against another only when there is a feeling of revenge somewhere inside him. No one wants to send someone to jail thinking that he will go and it will be improved and this is a normal mood.

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