There are several similarities in both these theories, viz., satisfying the victim, payment of money to the victim, giving the priority to the feelings of the victim or victim’s family members.
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However, there are certain differences between them. They are as follows:
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The Retributive Theory
1. This theory works under the penal laws.
2 Violence’ and ‘Personal revenge’ are in higher quantity in retributive theory.
3. The punishment is imposed under this theory depending upon the nature of the offence. Generally, similar injury or harm is caused to the accused, by which the victim suffered at the time of the criminal act.
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4. Generally, serious and light natured offences are covered under this theory..
5. 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.
The Expiation Theory
1. This theory is akin to the Law of Torts.
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2. ‘Recognition of Rights and Grievance’ of the victim or victim’s family members is the primary and essential things in Expiation Theory.
3. The accused is not physically punished. He is economically punished, and suchcompensation is awarded to the victim or victim’s family members.
4. Generally, Expiation Theory is adopted in offences of light nature. (Section 320 compoundable offences of Cr.P.C.)
5. Expiation Theory is a new thinking of 19th and 20th centuries.