Let us describe the difference between Retributive Theory and Expiation Theory.
Retributive Theory
- This theory works under the penal laws.
- Violence and personal revenge are in higher quantity in retributive theory.
- The punishment is imposed under this theory depending upon the nature of the offence. Generally, similarly injury or harm is caused to the accused, by which the victim suffered at the time of the criminal act.
- Generally, serious and offences in light nature are covered under this theory.
- Retributive theory is an age-old principle and had been followed for centuries. Even now, in certain Islamic countries such types of punishments are followed.
- What is Doctrine of Frustration? Certificate of Origin
Expiation Theory
- This theory is akin to the law of torts.
- Recognition of rights and grievance of the victim or victim’s family members is the primary and essential things in expiation theory.
- The accused is not physically punished. He is economically punished, and such compensation is awarded to the victim or victim’s family members.
- Generally, expiation theory is adopted offences in light nature.
- Expiation theory is a new thinking of 19th and 20th centuries.
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Difference between Retributive Theory and Expiation Theory
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