New RBI Grade B 2025 Notification will come Soon! Enroll Here

    Question

    “Evil should be returned by evil”. This theory is

    known as
    A Deterrent theory Correct Answer Incorrect Answer
    B Retributive theory Correct Answer Incorrect Answer
    C Preventive theory Correct Answer Incorrect Answer
    D Reformative theory Correct Answer Incorrect Answer
    E Compensatory theory Correct Answer Incorrect Answer

    Solution

    The Retributive Theory of Punishment, or the ‘Theory of Vengeance’ is based on a very small doctrine, namely the doctrine of Lex talionis, which if translated, means ‘an eye for an eye’. The core principles of retributivism are desert and proportionality. The two principles are somewhat interlinked. For retributivists, the punishment has to be proportional to the crime committed. Desert refers to some demerit which has caused the accused to commit a crime. Retributive punishment has to be proportional to the degree of desert. The more the desert, the more the punishment should be. Retributivism is backward-looking. Retributivists do not punish a criminal for what he or she might do, but only punish for the crimes one has committed and in the amount the person deserves. Retributivists do not concern themselves with the consequences of the acts but only with the desert which has occurred. In the retributivist theory of punishment, the punishment is seen as a form of ‘payback’ for the crimes one has committed.[8] Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. Retributivists argue that criminals deserve punishment on account of their wrongdoing. If they deserve punishment, then justice demands we punish. We do injustice if we fail to punish criminals because they then do not receive what they deserve

    Practice Next

    Relevant for Exams: