Aspects of Jaina Monasticism

Author(s): Nathmal Tatia, Mahendramuni
Publisher: Jain Vishva Bharati

Page 57

In Modern Law 25
been distinguished thus: "Two categories of criminal homicide are recognized: murder (those committed with malice afterthought) and manslaughter (all criminal homicides that are not murder)... In the modern law two divisions of manslaughter are recognized voluntary and involuntary. The most important type of voluntary manslaughter consists of sudden killing in anger or "heat of passion" by one who has suffered serious provocation from the deceased. Not all provocations are legally adequate to reduce a homicide from murder to manslaughter. (Cf. Apararka's view quoted above). Blows or other physical injuries inflicted on the accused by the deceased may be regarded by the jury as adequate. The killing of one found committing adultery with the slayer's wife may also amount to voluntary manslaughter. In most AngloAmerican jurisdictions mere words, however insulting, do not constitute adequate provocation; but in a few U.S. jurisdictions, as well as in England and Wales since the Homicide act, 1957, a contrary rule obtains. The proper definition of involuntary manslaughter has been the subject of considerable controversy. It was asserted by the common-law commentators that any killing resulting from commission of an unlawful act is a criminal homicide. This offence was murder if the unlawful act was a felony, but manslaughter, if a misdemeanour. Involuntary man
Murder and manslaughter have slaughter may also be committed
IN MODERN LAW
The above-described stages of sin or crime and the attitude of the Indian law-givers to crimes and punishments find striking parallels in modern law. We should like to illustrate our point with reference to the crime of homicide in English law.
a
In modern English law-books the crime of homicide is considered as having four distinct stages, namely, assault, aggravated assault, manslaughter, and murder. Assault stands for violent attack with physical means as blows or weapons. Aggravated assault is regarded as more heinous than common assault. It is an assault combining an intent to commit crime other than that involved in the mere assault itself. Manslaughter is the unlawful killing of a human being without expressed or implied malice. Murder means the killing of a person secretly or with concealment as opposed to an open killing. The first-degree murder deserves either capital or severe punishment because of being willful and premeditated, being committed with atrocity or cruelty (as by poisoning, starvation, mayhem, or torture), being committed in the course of the commission of a serious felony (as arson, burglary or kidnapping), or being committed after lying in wait for the purpose of killing the victim. The second-degree murder is all other murder not classified as firstdegree murder.23