crime and punishment

अपराधानुरूपो दण्डः॥३२८

चाणक्यसूत्रे॥

aparādhānurūpo daṇḍaḥ||328

cāṇakyasūtre||

A crisp and seemingly obvious statement found and the 328th aphorism of Chanakya.. Lots and lots of Law, justice, and commonsense concentrated in two or three words

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The rule means

Punishment should be commensurate with the offence committed..

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The master implies that punishment is the most effective deterrent and also the keeper of social order.. but that the dynamics of legal process is always varying and issue specific.. Lesser punishment can make the victim confident and would make him commit more offences.. Punishment on an excessive scale can defeat the purpose of law and justice altogether..

दण्डः शास्ति प्रजाः सर्वाः दण्ड एवाभिरक्षति।

दण्डः सुप्तेषु जागर्ति दण्डं धर्मं विदुर्बुधाः॥

मनुस्मृत्याम्॥

daṇḍaḥ śāsti prajāḥ sarvāḥ daṇḍa evābhirakṣati|

daṇḍaḥ supteṣu jāgarti daṇḍaṁ dharmaṁ vidurbudhāḥ||

manusmṛtyām||

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It is said in Manusmriti

The subjects are kept in discipline and order through the laws of punishment in place.. such laws alone protect people and maintain order in the State... The laws (of punishment) keep awake while everything else sleeps.. and therefore the wise and just consider the laws of punishment as the ideal virtue..

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अदण्ड्यान् दण्डयन् राजा दण्ड्यांश्चैवाप्यदण्डयन्।

अयशो महदाप्नोति नरक्ञ्चादिगच्छति॥

adaṇḍyān daṇḍayan rājā daṇḍyāṁścaivāpyadaṇḍayan|

ayaśo mahadāpnoti narakñcādigacchati||

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A king who metes out punishment to those who did not deserve punishment, and fails to punish those who deseve to be punished, would incur infamy and ultimately reach hell too.

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वधोऽर्थग्रहणं चैव परिक्लेशस्तथैव च।

इति दण्डविधानज्ञैर्दण्डोऽपि त्रिविधः स्मृतः॥

vadho'rthagrahaṇaṁ caiva parikleśastathaiva ca|

iti daṇḍavidhanajñairdaṇḍo'pi trividhaḥ smṛtaḥ||

There are in general three types of punishments, varying in their intensity ..

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Capital punishment, or death sentence

Fine, penalty or confiscation of all the wealth owned.

Physical punishment, of varying levels..

This is how the modes of punishment are broadly classified by those who are learned in law..

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Of course, statements like that of Master Chanakya have presented the sum and substance of judicial process that prevailed in India millenniums ago.

But when we find that even the most modern thinkers and jurists, after going through so much of material and after evaluating so much of precedence all over the so called civilized society just are forced to nod their heads in approval and marvel at the age old wisdom of the ancients .. we should feel reasonably humble.

.And excessively proud of our past.. perhaps..

That is all..