Smirities Period:
On a perusal of the literature it becomes clear that he upheld theory of staged trials conducted on the basis of evidence and by adherence to the principles of hearing the parties without any departure from what is enunciated in the Manusmriti.
When the world was in distress and people ran helter skelter out of fear, for protection, the Lord created kingship with the object to protect them. Punishment is in reality the king and the manager of affairs and the ruler and that is the guarantor for the four orders to act in accordance with law. ‘Punishment alone governs all created beings. It protects them it watches over them while they are a sleep.’
According to M.B. Shanti and Manu it is difficult to find a man in this world …show more content…
In 8/34 it has been laid down that if stolen property is recovered with thieves, the property may be saved by keeping them in exchequer and the offender be roasted by elephant. In 8/93 where any person receives other’s property by deceit the king should kill that offender before the public after giving many torture. In 8/321 and 8/323 provisions are laid down for death punishment to the offenders for stealing gold, silver and costly ornaments of ladies. Pt. Janardan Jha, in his commentaries on Manu Smiriti has tried to menton several reference in which the king could administer, death penalty, on the accused for various offences, namely, 1. Acts of subverting the state, 2. Mahapatakas( killing a Brahaman, drinking the liquor called ‘sura’ by a twice born (Dwija), adultery with guru’s wife and abetment of these offences. Incendiarism, murder, robbery, poisoning, adultery, abetment of theft by giving subsistence, instruments for house breaking or asylum, causing breach of embankment, attempt to murder, causing abortion vide kaut, prescribed death penalty for a Brahaman if he has committed theft of gold, caused abortion or killed a woman (Strihatya). There were several modes of inflicting death sentence referred to in ancient law texts, such as by administering poison, by getting the person trampled under the feet of an elephant, by an implement, by burning or by …show more content…
The emperor himself was the final Court of Appeal. Akbar was keen to laid down that capital punishment was not to be accompanied with mutilation or other cruelty, and that except in cases of dangerous citizens. The Governor should not inflict capital punishment until the proceedings were sent to the emperor and confirmed by him. During Jahangir’s time no sentence of death could be carried but without the confirmation of the emperor . Capital punishment was almost totally unknown under the regime of King
On a perusal of the literature it becomes clear that he upheld theory of staged trials conducted on the basis of evidence and by adherence to the principles of hearing the parties without any departure from what is enunciated in the Manusmriti.
When the world was in distress and people ran helter skelter out of fear, for protection, the Lord created kingship with the object to protect them. Punishment is in reality the king and the manager of affairs and the ruler and that is the guarantor for the four orders to act in accordance with law. ‘Punishment alone governs all created beings. It protects them it watches over them while they are a sleep.’
According to M.B. Shanti and Manu it is difficult to find a man in this world …show more content…
In 8/34 it has been laid down that if stolen property is recovered with thieves, the property may be saved by keeping them in exchequer and the offender be roasted by elephant. In 8/93 where any person receives other’s property by deceit the king should kill that offender before the public after giving many torture. In 8/321 and 8/323 provisions are laid down for death punishment to the offenders for stealing gold, silver and costly ornaments of ladies. Pt. Janardan Jha, in his commentaries on Manu Smiriti has tried to menton several reference in which the king could administer, death penalty, on the accused for various offences, namely, 1. Acts of subverting the state, 2. Mahapatakas( killing a Brahaman, drinking the liquor called ‘sura’ by a twice born (Dwija), adultery with guru’s wife and abetment of these offences. Incendiarism, murder, robbery, poisoning, adultery, abetment of theft by giving subsistence, instruments for house breaking or asylum, causing breach of embankment, attempt to murder, causing abortion vide kaut, prescribed death penalty for a Brahaman if he has committed theft of gold, caused abortion or killed a woman (Strihatya). There were several modes of inflicting death sentence referred to in ancient law texts, such as by administering poison, by getting the person trampled under the feet of an elephant, by an implement, by burning or by …show more content…
The emperor himself was the final Court of Appeal. Akbar was keen to laid down that capital punishment was not to be accompanied with mutilation or other cruelty, and that except in cases of dangerous citizens. The Governor should not inflict capital punishment until the proceedings were sent to the emperor and confirmed by him. During Jahangir’s time no sentence of death could be carried but without the confirmation of the emperor . Capital punishment was almost totally unknown under the regime of King