Fines as a punishment in Indian Penal Code, 1860: A jurisprudential failure or commodification of an offense?

Sharma, Anupama (2016) Fines as a punishment in Indian Penal Code, 1860: A jurisprudential failure or commodification of an offense? Journal of Contemporary Criminal Justice, 32 (3). pp. 243-263. ISSN 1552-5406

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Abstract

The paper discusses the role of punishment in a criminal justice system by elaborating its functions. It focusses mainly on monetary sanctions (fine) as a type of punishment under the criminal law and analyzes its efficiency on the basis of the punishment theories. With specific reference to the Indian Penal Code, 1860 the paper categorizes the placement of monetary sanctions in the statute into three variants: where the amount of sanction is mentioned in the provision, where the amount of fine is not mentioned in the provision and where monetary sanctions stand as an alternative to imprisonment in the provision. The paper critiques the third variant as a commodification of offence and provides suggestions to update the statute to enable the efficiency of monetary sanctions as a type of punishment in criminal law.

Item Type: Article
Keywords: Theories of Punishment | Monetary Sanctions | Commodification of Offence
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 15 Feb 2022 06:30
Last Modified: 15 Feb 2022 06:30
Official URL: https://doi.org/10.1177/1043986216656684
URI: https://pure.jgu.edu.in/id/eprint/1271

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