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Shri Mahavir Jain Aradhana Kendra
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INTRODUCTION
Acharya Shri Kailassagarsuri Gyanmandir
with the suppression of crimes proper. Crimes proper are those which are reported to the king by spies and in which offenders are brought before tribunals by the officers of the king and are tried not from any private complaint. These are homicide and similar offences, and not civil disputes like taking a debt ".
"Taking a debt" is not itself a crime but a civil transaction; nevertheless punishment is also inflicted in such cases on the guilty party on wanton denial of the liability. Moreover, perpetrators of homicide and similar crimes are hauled before a court of justice and punishment is inflicted after proper trial. But parties to a civil transaction such as "taking a debt " are primarily summoned for the ascertaining of the deed (taking) and similar acts. Punishments are also incidentally inflicted on the guilty party, if wanton denial of his liability transpires in course of the suit.
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General Exceptions to Criminal Liability
The Dandaviveka like the Indian Penal Code contains an exhaustive Chapter on "General Exceptions to the ordinary law of punishment ". The Chapter is styled " दण्डनिमित्तेषु EE". A brief summary is given below:
Eleven considerations are worth noting before inflicting punishment. These considerations are:
(1) Caste (of the offender).
(2) Subject of offence (as in the case of theft, the article
stolen).
(3) Amount (of punishment).
(4) Application (of punishment).
(5) The connection of the offender with august persons and castes like kings, Brahmins, and those associated with gods (i.e., employed in institutions like temples, etc.).
(6) Age (of the offender).
(7) Pecuniary condition (of the offender).
(8) Merits (of the offender).
(9) Locale (of the offence). (10) Time (of the offence). (11) The particular offence.
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