This article has been written by Ms. Leezer Kaur, a 3rd-year student at the Army Institute of Law, Mohali.

INTRODUCTION

‘Crime’ is an act that is forbidden and punishable under the law. But, the main object of providing justice is to promote reconciliation, repair, and reassurance in society. Mahatma Gandhi always believed in the reformation of criminals instead of penalizing them for their offenses to promote peace and harmony in society. This became the foundation of the reformative theory of punishment. It is based on the idea that the object of the punishment should be to transform the person. It was founded in the 18th century and focuses on the rehabilitation of criminals. It lays more focus on the criminal than the crime that is committed by him. It adopts a humane approach and believes that the offender does not cease to be a human being during the commission of a crime. It links crime with the circumstances and societal environment that made him commit such offense. It believes that a criminal can be turned into a law-abiding citizen on reformation.

LEGAL PROVISIONS DEALING WITH THIS THEORY

The following are the legal provisions dealing with the reformative theory under Indian Law:

1. ARTICLES 72 AND 161 OF THE CONSTITUTION OF INDIA

Article 72 provides the pardoning power to the President of India and Article 161 provides similar power to the Governor of the States. When this power is used and the wrongdoer is pardoned, all the sentences and punishments of the wrongdoer are completely absolved. The powers of the President are wider in scope than that of the Governors.

2. THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

The aim of the Juvenile Justice Act, of 2015 is to transform delinquents into responsible future citizens. The act also provides that no child shall be given a life sentence or death punishment under Section 21. It tries to reform and rehabilitate the children by keeping them in special homes instead of sending them to prisons. They are also provided access to education and vocational courses to make a better future for themselves.

3. THE CODE OF CRIMINAL PROCEDURE, 1973 

Section 360 of the Criminal Procedure Code, 1973 provides the court with the power to discharge a criminal on good behavior or after admonition. Section 432 provides the government with the power to suspend or remit the punishment of an individual. Section 433 provides for the commutation of the punishment.

4. THE INDIAN PENAL CODE, 1860

Section 54 of the Code provides for the commutation of the death sentence into any other form of punishment. Section 55 of the Code provides for the commutation of a life sentence to imprisonment. Therefore, the Indian Penal Code also provides for the reformative theory of punishment.

5. THE PROBATION OF OFFENDERS ACT, 1958

Section 4 of the act provides for the release of an offender on the ground of his/her good behavior. However, it is not applicable in the case of a death sentence or life imprisonment.

REFORMATIVE TECHNIQUES

A few of the reformative techniques prevalent in India are as follows:

1. PROBATION

It allows an offender of a minor offense to be released on the account of his good behavior while undergoing the term of imprisonment. It is generally granted on the commission of the first offense to a person. In the case of Ramji Missar v. State of Bihar, the court observed that the purpose of probation of the youth criminals is to prevent their association and conversion into stubborn future criminals.

2. PAROLE

It is the premature release of the prisoner even before the completion of the full term of imprisonment on the account of his/her good behavior while undergoing the term of imprisonment. It may be an interim or permanent discharge of the prisoner.

3. INDETERMINATE SENTENCES

In the late nineteenth century, several indeterminate sentences were awarded to the offenders. In this technique, the maximum limit of the punishment or imprisonment is not decided by the authorities and they can be released early by the parole officer on account of improvements shown in the behavior while undergoing the term.

4. ADMONITION

In the case of The State v. Ghanshamdas(1955), the court observed that admonition is a reproof or censure that releases the offender for the time being. It alerts the offender that if he repeats the same offense then he will be rigorously punished.

5. PARDON

It is a way of absolving all the punishments and penalties inflicted on an individual and setting him free. Our Constitution provides the pardoning power to the President and the Governors.

CASE LAWS

In the case of Gulab Singh v. Yuvraj Singh, the court dismissed the petition for the increase of the punishment of the accused and observed that the goal of the Indian Penal Code, of 1860 is to reform the criminals.

In the case of Mohammad Giasuddin v. State of A.P., Justice Krishna Iyer observed that every saint has a past, and every sinner has a future. According to him, a therapeutic approach must be adopted instead of harsh punishments to prevent their mental laceration.

In the case of Satish v. State of U.P. and Anr, the court observed that a decent society cannot be accomplished solely through punitive behaviors and there was a need to cultivate public harmony. The court also held that first-time offenders must be allowed to improve and look forward to a better future.

In the case of Mofil Khan vs The State of Jharkhand, the court observed that a court has to obtain all relevant information related to the possibility of transformation of the offender before enforcing maximum punishment against him. The court also observed that if there is proof that there are no chances of improvement of an offender then that person may be given maximum punishment otherwise the motive should be a reformation of the offender.

CRITICISM

The following are the points of criticism for this theory:

• As psychologists believe that habits cannot be changed so hardened and professional offenders will hardly show positive results on the application of this theory.
• It may work fruitful for non-habitual offenders who committed a crime because of their social environment or circumstances.
• It is always in the best interest of society to penalize criminals.
• The theory of reformation is not applicable in cases of death sentences.
• It adopts an offender-centric approach that results in a violation of the rights of the victim.
• If the people will find the offenders relaxed then they will also be motivated to commit such offenses and prisons will become the dwelling place for poor people.

CONCLUSION

The theory of reformation aims to reform criminals instead of penalizing them for their offenses. It aims to achieve a peaceful and law-abiding society. It adopts an offender-centric approach. Under Indian law, it is provided under the Constitution of India where power is given to the President and the Governors to pardon the offenders. The Indian Penal Code, 1860; Juvenile Justice act, 2015; Criminal Procedure Code, 1973; Probation of Offenders Act, 1958, etc. also provides provisions favoring this theory. Some of the reformative techniques prevalent in India are Parole, Pardon, Admonition, and Indeterminate sentences. However, it is not applicable in the case of death sentences. According to me, it may work for first-time minor criminals but it cannot show positive results for habitual and professional offenders.

REFERENCES

1. Gulab Singh v. Yuvraj Singh.
2. Mofil Khan vs The State of Jharkhand.
3. Mohammad Giasuddin v. State of A.P.
4. Ramji Missar v. State of Bihar.
5. Satish v. State of U.P. and Anr.
6. The State v. Ghanshamdas.

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