THE CONCEPT OF

DANDA
BY:TARUN PRATAP

PUNISHMENTS
MANU PRESCRIBES ADMONITION,REPROOF,FINE,CORPORAL
PUNISHMENT AND BANISHMENT.
BRAHAMANS WERE EXEMPTED FROM THE CAPITAL
PUNISHMENT,BUT IN EXTREME CASES BANISHMENT WAS
RECOMMENDED.
THOUGH KAUTILYA FAVOURED CAPITAL PUNISHMENT FOR THEM
TOO.HE WAS ALSO LESS SEVERE ON THE LOWER
CASTES.ASCETICS AND ATHIESTS WERE MERELY FINED.
IN THE MAURAYAN PERIOD,THOUGH GAMBLING WAS RECOGNIZED
BY THE STATE,THEY WER PENALIZED ONLY WHEN THEY WER
PLAYED IN PUBLIC PLACES.
THE CRIMINAL CODE IN THE ARTHASHASTRA WAS RATHER SEVERE
AND IT HAS BEEN CHARACTERIZED AS AN EYE FOR AN EYE.
THOUGH TEMPERED JUSTICE WITH KINDNESS AND APPOINTED
MAHAMATTRAS SO AS TO AVOID CAUSELESS IMPRISONMENT AND
HARASSMENT OF THE TOWN PEOPLE

JUDICIAL TORTURE WAS USED TO EXTORT

CONFESSIONS.
KAUTILYA SPEAKS OF FOUR TYPES OF
TORTURE(KARMA);SIX
PUNISHMENTS(SHATDANDAH),SEVEN
KINDS OF WHIPPING(KASA) ,TWO KINDS OF
SUSPENSION FROM ABOVE(UPARI
NIBANDHAN) AND WATER
TUBE(UDAKANALIKA CHA).THE PRINCIPLE
LAID DOWN WAS THAT THOSE WHO WERE
TRULY BELIEVED TO BE GUILTY SHALL BE
SUBJECTED TO TORTURE.

KAUTILYA SHOWS A GENERAL REPULSION AGAINST THE SAVAGE

PUNISHMENTS LAID DOWN IN THEOREY AND AN ATTEMPT TO
MODIFY THEM IN PRACTISE.
MANU THOUGHT PUNISHMENT BOTH RETRIBUTIVE AND
DETERRANT.
THEREFORE HE WANTED THE KING HAVING FULLY ASCERTAINED
AND HAVING DUE REGARD TO THE MOTIVE ,THE PLACE OF
OCCUREANCE,THE ABILITY OF THE OFFENDER TO SUFER THE
PUNISHMENT.
,THE NATURE OF THE CRIME,SHOULD IMPOSE THE PENALTYWHICH
THE ACCUSED DESERVED.
LET HIM(KING) PUNISH(OFFENDERS) FIRST BY GENTLE ADMONITION
,AFTERWARDS BY HARSH REBUKE,THIRDLY BY FINE AND AFTER
THAT BY CORPORAL PUNISHMENT.
UNJUST PUNISHMENT DESTROYS REPUTATION AMONG MEN AND
FAME(AFTER DEATH),AND CAUSES EVEN IN THE NEXT WORLD THE
LOSS OG HEAVEN;LET HIM,THEREFORE ,BEWARE OF INFLICTING IT..