Studies in the Bhagavati Sutra

Author(s): J C Sikdar
Publisher: Research Institute of Prakrit Jainology & Ahimsa Mujjaffarpur

Page 140

Sec. VIIA] STUDIES IN THE BHAGAWATĪ SŪTRA
115 the Jaina texts are also discussed by the Manu-Smrti, Arthaśāstra and other Brahmaņical works in great details.
Many advocates that various factors, such as, the motive, social status, time and place of the offence, circumstances, mental evolution of the criminal, his bearing capacity of punishment should first be ascertained by the judge without a priori legal assumption in all matters of justice before delivering impartial, unprejudiced and dispassionate judgement on crime and awarding just punishment to the deserving criminals found guilty by the court.
It is futher observed by Manu that the psychological condition of an individual criminal should be taken into consi. deration in all cases of crime to inflict punishment on him. If he is higher in the level of mental evolution, he must bear more responsibility,
"When a common man should be fined a trifle, the king should be fined a thousandfold".
"In the case of theft a Sūdra should pay a fine of eightfold, a Vaisya twice as much as the Südra, a Ksatriya twice as much as the Vaišyu, a Brāhmaṇa twice as much as that of the Ksatriya or even four times as much".
One most important observation is made by Manu on the social position of the criminals after serving their terms of sentence that they should be considered as having been purged of the crime', and given the social status. Because punishment should not be retaliation made by the society, but it should be guided by the ideal of forgiveness. “Kșantavym prabhuņā nityam kşipatāṁ käryiņāı něņām
Bālavrdd hāturāņāṁ ca kurvatā hitamātmanaḥ"!/ (M. VIII-312). “Yaḥ kṣipto marşayatyārtaistena svarge mahīyate) Yastvaiśvaryānna kşamate narakam tena gacchati''||
(M. VIII. 313).
1 Manu-Smộti, VIII, 336-38. · Manu-S mrti, VIII, 318.
3 Ib, VIII, 312-313.