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Shri Mahavir Jain Aradhana Kendra
www.kobatirth.org
INTRODUCTION
Acharya Shri Kailassagarsuri Gyanmandir
xi
the forehead and the offending Brahmin should be transported from the territory, with his wearing apparel and valuables, but should never be put to death.
Mitigation:-In offences like theft which involve a series of operations, the very attempt is to be punished by the infliction of a measure which is one-fourth of the scheduled punishment, and half the whole wrong which is more than attempt but less than the completed offence is to be penalised by half the scheduled punishment.
Equability-When the offence is complete, the punishment should also be just what is prescribed in the Code, neither more nor less.
Aggravation-The primary purpose of punishment is deterring the individual from the further commission of crimes. So the first offender is to be treated mildly and his punishment should be less than the prescribed amount. If the offender does not, after such curative treatment, show any signs of discontinuance of his criminal practices, he should be severely dealt with. In such cases not attenuation but aggravation of punishment should be the proper remedy to root out his criminal propensities. If a group of persons launches into a criminal enterprise, then twice the prescribed punishment should be awarded to each of them.
Special treatment:-Admonition is the only punishment that should be awarded to kings, parents, and similar classes of persons, if they commit crimes other than homicide. Under similar circumstances, those that have renounced the world and are not within the pale of the society of householders, such as mendicants, are to be penalised with reproof only. Fines should not be imposed on the untouchables, the Mlecchas and cheats, thieves and slaves, if they commit crimes. Because the money of the cheats and thieves is derived from bad sources, and the king should not defile himself by touching their money. Slaves are absolutely under the control of their masters and have no property of their own; hence they are exempted from fines. On the same principle, similar exemption is granted to infants, old men, women, and the afflicted persons. But opulent women are exception to the above general rule.
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