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Retributive theory and its relevance in Modern world and India
  Dr. Ram ManoharLohia National Law University --- Foundation of Law---Final Draft   1 DR. RAM MAHOHAR LOHIYA NATIONAL LAW UNIVERSITY Retributive theory and its relevance in Modern world and India  SUBMITTED BY: UNDER THE GUIDANCE OF: ANJANAY PANDEY MR. MANWENDRA KUMAR TIWARI ROLL NO: 29 FACULTY OF LAW SECTION „ A ‟ DR. RAM MANOHAR LOHIYA  B.A. LLB (Hons.), SEMESTER I NATIONAL LAW UNIVERSITY SIGNATURE OF STUDENT SIGNATURE OF PROFESSOR  Dr. Ram ManoharLohia National Law University --- Foundation of Law---Final Draft   2 ACKNOWLEDGEMENTS I would like to express my gratitude towards all those whose help and constant support the  project would not have reached its current facet. I would take advantage of this situation to thank my parents and my guardians without whose constant support and guidance, I really owe it a lot to them. However, foremost I would like to thank Manwendra Sir for his kind guidance and for quenching my queries on many doubts and technicalities which I came up during the making of this project; this project would not have seen the light of the day without his constant direction and guidance. I would also like to thank all of my friends and seniors who aided me along the way. I must also extend my gratitude to the library and library personnel who provided me with research material and good books to work upon.  Dr. Ram ManoharLohia National Law University --- Foundation of Law---Final Draft   3 Serial Number Topics Page Number 1 Introduction 4 2 Punishment 4 3 Retribution 5 4 Historical Basis 6 5 Lex Talionis 7 6 Retribution in Modern and recent Past 8 7 Just Deserts 9 8 Victim Centric Approach 9 9 Its stand on Death Penalty 10 10 Modern opposition in India 11 11 Criticism 14 12 Concluding Remarks 14 13 Bibliography 15  Dr. Ram ManoharLohia National Law University --- Foundation of Law---Final Draft   4  An eye for an eye will make the whole world blind- Mahatma Gandhi   Introduction-   Retributive theory is a theory which comes under penology. This theory seeks to give an explanation for the infliction of punishment upon a wrongdoer so as to justify the very act of giving punishment. This theory is probably one of the oldest theories of the world in  penology and it has basically two constituents or parts namely- Lex talionis 1  and the theory of Just Deserts 2 . It essentially implies that the culprit, if his crime be proven, will be subjected to the same act as a punishment. It is probably the oldest theory of punishment; the term itself implies that this theory aims to exact vengeance upon the culprit and aims at taking revenge for the victim of society as a whole. Retributive justice is way of ensuring justice by giving such a punishment which is equal to or proportional with the criminal act committed. It requires that for each wrong committed, there has to be a corresponding punishment which is proportionate to the harm inflicted, if a  punishment is too severe or too light, justice has not been fully achieved 3 . Punishment- Punishment in criminal law essentially implies is a sentence passed upon the conviction of  person following his guilt is proven. Punishment is a universal phenomenon 4 . No society confronted with the infringements of its regulations leaves itself powerless to impose sanctions. Crime is an act of an individual which incurs a formal and solemn pronouncement of moral condemnation of the community and the society 5 . While advocating retributivism, retributionist supporters suggest a system of tariffs wherein, a set of punishments are given, varying in degree of severity but nevertheless proportional to the crime committed 6 . Punishment for a crime is quite essential in a society as it reinforces the ideas of acceptable and unacceptable behavior of the people in a society. Retributionist in the modern era hold that society has provided rights to all, if a person violates the right of another by committing a crime; it is the responsibility of the society to ensure that a 1  Law of Talon. 2  The principle of proportionality of punishment with the act committed. 3  Phelps, Shirelle(2002) World of Criminal Justice  p. 423. 4  Townsend, Chistopher(1997) An  eye for an eye? The morality of punishment   p.1. 5  Tonry, Michael (2011), Why Punish? How much?  p.113. 6  Cavadino, Michael and Dignam James (2007), The Penal System,  p. 44.
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