The expiatory theory was based on moral principles, had little to do with law or legal concepts. This
theory is more related to ancient religious perceptions regarding crime and punishment when
prisoners were placed in isolated cells to repent or expiate for their crime or guilt from the core of
their heart and resolve to shun crime.
It was believed that anyone who sincerely repents for his
misdeeds or crimes, deserves to be forgiven and let off. The ancient Hindu law commentator Manu
was a great admirer of expiation as a form of punishment for the rehabilitation of the criminal in
society.
The expiatory theory, being based on ethical considerations, has lost its relevance in the
modern system of punishment. In the present age of materialism and declining moral values,
expiration can hardly be effective in bringing about a change in the criminal mentality of offenders
and therefore,
expiatory theory as a punishment is not suited in the present context of rationalized
penal policies but now it has come with broader aspect with the different retributive concept in
tortious liability and in some penal provision of Indian Criminal justice as in compoundable offense
reference section 320 of criminal procedure code.
