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Sec. VIIA]
STUDIES IN THE BHAGAWATI SŪTRA
107
severe punishment out of anger to those against whom he harboured a mistrust in his mind due to some causes. So sometimes innocent person was charged with the case of theft, or robbery, or murder and awarded punishment, while the real culprit was acquitted of all charges and set free.1
Cases
In the BhS there is not found any reference to civil or criminal cases which gave rise to law-suits and came before the royal court for adjudication, although it furnishes some evidence of theft, robbery3, murder and adultery in its stray statements in connection with the fruit (of binding) of Karmas (actions). But its acquaintance with the following official terms 'talavara" (chief city police officer), dandanayaga' (judge) and caragasohana (release of prisoners) implies that various crimes were committed by individuals in the kingdom at that period. Relativity of Crime and Punishment
It is not possible for one to form a correct view on the relativity of crime and punishment of that period from the scanty evidences furnished by this text regarding the judicial procedure adopted in matters of justice for awarding punishment to the criminals.
In the BhS there is no reference to various factors, such as, the nature of crime, the motive, time, place, circumstances, mental evolution of the individual, etc, which are generally taken into consideration of the judicial procedure by the judge before delivering unprejudiced, dispassionate and impartial judgement according to the laws laid down by the state. The
1 Cf. Uttaradhyayana Sutra-9.30; also refers to the Jataka (IV. p. 286), which states that an innocent ascetic, being suspected of robbery at night was abused and beaten by one householder and taken to the king for trial. He was impaled.
There is another case of Carudatta who was 'charged with the murder of a courtesan and theft of her jewels and consequently punished, though no confession was made by him nor any proof was established. Bhs, 9, 33, 384; 15, 1, 551.
4 1b, 15, 1, 560; 12, 7, 453. Ib, 13, 6, 491.
8 Ib, 11, 11, 429.
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3 1b, 15, 1, 560. 51b, 8, 5, 328. 7 Ib, 7, 9, 300.
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