Early History of Orissa

SR No.: 006922
Original Sutra Author: N/A
Author: Amarchand Mittal
Publisher: Jain Cultural Research Society
Publication Year: 1957
Total Pages: 506
Language: English
Classification: Book_English
File Size: 9 MB

Page 220

ADMINISTRATION OF KALINGA
195
convicts were the persons expected to make the judges reconsider their case for the sparing of their life. The word nātikā may be taken not only to denote the relative of a person, near or remote (SKE I, PE IV), but also widely the kinsfolk, friends, associates, comrades and companions, cven neighbours (RE III, RE IV, RE IX, RE XII), in short, all persons who were interested in his welfare--all active well-wishers. The expression nijjhāpana employe:l in the Jātakas as a legal term means 'convincing the Judge of the innocence of the accused'.' Asoka himself has specifically mentioned the condition of release of prisoners before they have served out the term of imprison. ment (RE V), which means by way of commutation of the sentence passed by the court. Dr. Mookerji” cites the Buddhist tradition from the Aśokāvadāna, which represents Asoka as abolishing capital punishment altogether. This however, lacks corroboration from his Edicts.
The Edicts of Asoka do not enlighten us as to the actual forms in which the death sentence was executed. The Arthaśāstra broadly distinguishes between putting to death with torture and without torture.4 Beheading and drowning may certainly be mentioned as methods of execution without torture. The different forms of torture are listed in the Pali Nikāyas5 and detailed in the Arthaśāstra. The Pali texts mention robbery with violence as a typical offence which was punishable with different forms of death.? In RE XIII, Asoka warns the Ațavīs, viz., the
1. Barua, AHI, Vol. II, pp. 351.3. 2. Asoka, p. 179, fn. 7. 3. IV, 11. 4. Ibid.
5. Majjhima, I, p. 87 ; Aiguttara, I, p. 47; Barua, AHÍ, Vol. I. p. 199.
6. IV, II. 7. Digha, IT, p, 32; Barua, AHI, Vol. I, p. 199.