Author(s): Muskan Saxena and Ashish Kumar Singh
Paper Details: Volume 1, Issue 1
Citation: IJLSSS 1(1) 5
Page No: 41-60
Abstract
The jurisprudence of criminal law legislation derives from a society to which one belongs because the law is based on human behavior, which varies from society to society. Criminal law is the device by which organized societies protect individuals’ interests and ensure survival. Where sovereignty of society is likely to be affected directly or indirectly through the act or omission of a person, criminal jurisprudence emerges. Prevention of wrongs against society for its protection via laws comes under the domain of criminal jurisprudence. Since a crime is considered a wrong against society, it is in the interest of society that the culprit shall be recognized and prevented from doing further acts or omissions that the state or sovereign describes as punitive measures and is known as Punishment.
With this paper, the author will attain a transparent image of the jurisprudential theory behind Punishment and sentencing, an overview of various types of punishments and sentencing in multiple countries worldwide, and a critical comparison between specific punishments of India and the United Kingdom. The paper aims to distinguish and build the rationale behind some major archetypes of punishments, such as the death penalty, imprisonment, fines, compensation, etc., in India and the United Kingdom.
The main focus is to critically compare the ideology of the lawmakers behind defining any such punishment in any of the countries which can create a deterrent or preventive effect on the wrongdoer and also suggest possible reforms that might be needed in the future, keeping in view the dynamic aura of both the societies.
Keywords
Sentence, Punishment, Imprisonment, Jurisprudence, Fine.