International Journal of Judicial Law  |  ISSN:  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/3

International Journal of Judicial Law

ISSN: | Impact Factor: 8.09 | Open Access

Retribution vs Reformation: Balancing Justice in Modern Criminal Law

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Abstract

Punishment plays an important role in the criminal justice system. It aims to maintain social order and respond to legal violations. Over time, various punishment theories have emerged, with retributive and reformative approaches being the most notable. The retributive theory is based on the idea that punishment should match the severity of the crime. It serves as a moral response to wrongdoing. In contrast, the reformative theory emphasizes rehabilitating offenders and aiding their reintegration into society. Modern criminal law tries to strike a balance between these two opposing views. This paper examines the growth and application of retributive and reformative punishment theories within the Indian criminal justice system. It looks at the retributive elements in the statutory penalties specified in the IPC and the BNS, 2023.Simultaneously, this study also points out methods like probation, plea bargaining, community service, and the juvenile justice system, which focus on rehabilitating offenders. This study shows hybrid mode of punishment where balance is maintained to ensure justice, social stability and constitutional values.

How to Cite This Article

Pihu (2026). Retribution vs Reformation: Balancing Justice in Modern Criminal Law . International Journal of Judicial Law (IJJL), 5(2), 27-30. DOI: https://doi.org/10.54660/IJJL.2026.5.2.27-30

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