THEORIES OF PENALTY AND THEIR COMPLICATIONS IN MODERN INDIA

Abstract

We are all only a click away from each other because to the ever-evolving civilization, scientific advancements, and globalization that have occurred in India since August 15, 1947. As a Sovereign Socialist Secular Democratic Republic, India has progressed in many areas, including politics, culture, education, the law, and the judiciary and legislature. Many Indian legislation, such as the Indian Penal Code of 1860 and the Code of Civil Procedure of 1908, are from before India gained its freedom. With societal changes and a better understanding of offenders' psychological quotients, the concept of plea-bargaining was incorporated into the Code of Criminal Procedure, 1973 via amendment dated 11th January, 2006 under chapter XXIA as Sections 265A to 265L. This addition to the Indian Penal Code, 1860 reflects this evolution. Despite the fact that the idea of "Capital Punishment" is still heavily used in relation to specific crimes under the Indian Penal Code, 1860, the "Reformative Theory" of punishment has gained more traction in Indian statutes in light of societal shifts and the psychological components of crime.