The Indian philosophical tradition based on the concept of ‘papa’ and ‘punya’ presupposes on expiation of sins for any wrongs committed. Every action has a visible or invisible result or spiritual implications. Crime must be expiated and in Hindu belief, expiation occurs in the form of punishment. K.V. Rangaswami Aiyangar rightly analyses punishment in the Hindu context and tells, “ A crime has the feature of sin and sin is a crime against God. This is the ground for the collocation of both expiation and a secular penalty for crimes punishable by the state. The Indian theory of punishment has the aim of deterrence, correction and retaliation “Quite truly the Indian system of punishment is aimed not just at penalty or correction but its
…show more content…
He says, “As the government is honestly administered and the people live together on good terms the criminal class is small. The statute law is sometimes violated and plots made against the sovereign, when the crime is brought to light the offender is imprisoned for life, he does not suffer any corporal punishment, but alive and dead, he is not treated as the member of the community (lit, as a man). For offences against social morality and disloyal and unfilial conduct, the punishment is to cut off the nose, or an ear, or a hand or a foot, or to banish the offender to another country or into the wildness. Other offences can be atoned for by a money …show more content…
This was the highest punishment which a Brahmana offender could be subjected (for he was excused of death punishment, being the highest in the social order) Hiuen Tsang, had mentioned as to how once a person dared to make an attempt on the life of Harsa and everybody demanded that he be put to death. The king, however enquired into the matter, punished the main culprit and pardoned the rest. He banished 500 Brahmanas to the frontier and then had returned to his capital,122. Probably, under the influence of Buddhism Harsa did not take up capital punishment and substituted it with banishment.
In a number of cases, properly of the criminal was confiscated but that was after the due permission from the town council and the king. A person could be exempted from death and instead his property could be confiscated and he could be exited. There is a mention of such a plea in the Dasakumaracarita where the king condemned a merchant to death, accused of theft and Dhanamitra on his fellow’s behalf pleads – “Oh! Sir, royal tradition graciously grants exemption from the death penalty to merchant’s guilty of such felonies. If you feel furious confiscate the criminal’s property and exile
He says, “As the government is honestly administered and the people live together on good terms the criminal class is small. The statute law is sometimes violated and plots made against the sovereign, when the crime is brought to light the offender is imprisoned for life, he does not suffer any corporal punishment, but alive and dead, he is not treated as the member of the community (lit, as a man). For offences against social morality and disloyal and unfilial conduct, the punishment is to cut off the nose, or an ear, or a hand or a foot, or to banish the offender to another country or into the wildness. Other offences can be atoned for by a money …show more content…
This was the highest punishment which a Brahmana offender could be subjected (for he was excused of death punishment, being the highest in the social order) Hiuen Tsang, had mentioned as to how once a person dared to make an attempt on the life of Harsa and everybody demanded that he be put to death. The king, however enquired into the matter, punished the main culprit and pardoned the rest. He banished 500 Brahmanas to the frontier and then had returned to his capital,122. Probably, under the influence of Buddhism Harsa did not take up capital punishment and substituted it with banishment.
In a number of cases, properly of the criminal was confiscated but that was after the due permission from the town council and the king. A person could be exempted from death and instead his property could be confiscated and he could be exited. There is a mention of such a plea in the Dasakumaracarita where the king condemned a merchant to death, accused of theft and Dhanamitra on his fellow’s behalf pleads – “Oh! Sir, royal tradition graciously grants exemption from the death penalty to merchant’s guilty of such felonies. If you feel furious confiscate the criminal’s property and exile