Punishment (Danda) in Ancient Indian Jurisprudence

Punishment (Danda) in Ancient Indian Jurisprudence

Author :- Meenakshi Singh, a Student of Central University of Karnataka

Introduction 

Punishment has been one of the most accepted forms in the past and present of many civilizations to regulate crime and to serve justice. Depending upon the legal and social setup of different societies, the punishment can be deterrent, retributive or reformative in nature. The idea and concept of punishment has been widely accepted as it not only creates fear among the anti- socials but also satisfies the feeling of vengeance for the victim. Although, the modern civilizations are shifting towards the reformative approach by recognizing the basic human rights, but the history is evident that ancient civilizations believed in the concept of eye for an eye.

The Hindu Civilization is recognized as one of the most ancient and highly systemized civilizations. Along with medical science, literature, mathematics, astrology, literature and grammar, the law and order were also methodical and well conducted. The Shrutis (Vedas), Smritis, Dhramshastras and Customs were the primary sources of law.

Dandaha

According to the Dhramshastras the power to punish is vested in the king as the King was recognized as the supreme authority who holds the responsibility to serve justice. (Nyaya). Manu defines punishment as Trivargarupa (symbol of Dharma, Artha and Kama) because it protects these three. He says that it is difficult to find a man who is pure and without mistakes and hence punishment acts as an essential element to keep the individual in limits and the fear of the same encourages one to behave properly. The chapter named Dandabhedah in the text of Brihaspati classifies punishment into 4 categories:

• Vagdanda- The kind was inflicted upon less serious crimes and mere warning was given to the offender.

• Dhigdanda- Punishment by putting censure. 

• Dhanadanda- Punishment by inflicting fine. The fine could be fixed or fluctuating where for certain offences fine was fixed whereas for the others the fine fluctuated according to the loss caused by the offender or the needs of the victim.

• Vadhadanda- The corporal punishment is subdivided into three categories: -

1. Pidana- punishment by inflicting pain. Furtherly divided into: - 

1. Tadana- Flogging or whipping

2. Avarodhana- Physical restraint by imprisonment

3. Bandhana- Physical restraint by chaining

4. Vidambana- Punishment where criminal was subjected to public humiliation by exposing him publicly. For example, keeping one in prison cells which were made on the public places.

2. Angccheda- Punishment through mutilation of organs

3. Prampana- It refers to death penalty.

Crimes such as killing a Brahmana (Bramhahatya), killing someone during robbery or theft, stealing woman, aggravated form of theft such as stealing precious gems, raping a woman were considered as offences of grave nature and capital punishment was awarded for such offences. Next, offences such as house breaking, aggravated theft, stealing Brahmana’s cows were the category of offences which were less serious to attract death penalty but recognizing their grave nature the King could order the amputation of limbs so as to create deterrence for the other criminals. For small thefts or property losses, less serious cases of defamation fine could get inflicted or double payment for the damaged property could be ordered. 

Although now most of the countries of the world are shifting towards the decriminalization of the offence of adultery as it is invades the right of privacy but the ancient Indian jurisprudence saw it as an act which is legally and morally and morally wrong. Hence the offender was either banished or subject to public humiliation through branding.

Animals too were treated as the property and hence damage or hurt to the animals were punishable offences. Cow has been holy and sacred animal, hence killing or stealing one attracted rigorous punishment. Killing animals such as birds, snake, cats, deer made the offender liable to give compensation or give the animal of same kind to the victim.

Conclusion

The various ancient sources give us a deep insight about the evolution of the concept of punishment through the ages. These sources not only acted as the source of inspiration for our country but have inspired the jurists and scholars throughout the world. It has been clearly observed that the modern concept of punishment has lot of similarity with the ancient one which follows not only the deterrent but the reformative principle as well. The focus was not only to legally punish the offender but also to generate feeling of remorse in his subconscious and to establish a lawful and moral society.

References

https://www.ijlmh.com/paper/evolution-of-the-process-of-punishment-in-india/

Historical Overview of Torture and Inhuman Punishments in Indian Sub-continent, Journal of the Punjab University Historical Society Volume No. 31, Issue No. 2, July - December 2018, Qadeer Alam 

https://blog.ipleaders.in/the-history-of-punishment-in-india/

Legal and Constitutional History of India: Ancient, Judicial and Constitutional System, Justice M Rama Jois, Universal Law Publishing, 2004