"Daṇḍa" (, literally 'stick', 'staff', or 'rod', an ancient symbol of authority)Monier-Williams Sanskrit-English Dictionary, pg. 499 is the Hindu term for punishment. In ancient India, the ruler generally sanctioned punishments but other legal officials could also play a part. Punishments were handed out in response to criminal activity. In the Hindu law tradition, the counterpart to daṇḍa is prāyaścitta (atonement). Whereas daṇḍa was primarily sanctioned by the king, prāyaścitta is taken up by a person at his or her own volition.Davis, Donald Jr. The Spirit of Hindu Law Daṇḍa provides a way for an offender to correct any violations of dharma he or she may have committed. Daṇḍa functions as the ruler's tool to protect the system of life stages and castes. Daṇḍa is part of vyavahāra (legal procedure), which was also a responsibility afforded to the king.
Purpose of punishment There were two main purposes for punishment in Hindu society. Incapacitation was used to ensure an offender would not be able to commit the same crime again; for example, the hands of a thief would be cut off. Deterrence was the second purpose of punishment. Criminals were punished to set an example to the public in hopes of preventing future offences.Doongaji, Damayanti. Crime and Punishment in Ancient Hindu Society Although these were the two main purposes of Hindu Law, other purposes such as rehabilitation were used as means of punishment and correction. Retribution is another theory of punishment but it does not have a prevalent role in Hindu punishment.
Incapacitation Incapacitation is a way to prevent the commission of a crime. An offender punished with death, banishment, imprisonment or mutilation permanently or temporarily prevents them from being able to repeat an offence. Many urged the king to amputate the offending limb of a thief to prevent them from stealing again. Cutting off a limb had both a preventative effect and ensured the same crime would not be committed again.Das Gupta, Rama Prasad. Crime and Punishment in Ancient India p16
Deterrence One purpose for punishment is to prevent or discourage the commission of crimes or unlawful behaviour through deterrence. Deterrence can prevent people from committing a crime or from re-offending. According to the Mahabharata, people only engage in their lawful activities for fear of punishment by the king, in the afterlife, or from others. The main way to deter potential criminals from committing a crime was through the example of offenders' suffering. Manu recommends the king place prisons near a high road where the "suffering and disfigured" offenders could be clearly seen, making imprisonment both deterrent and preventative.Das Gupta, Rama Prasad. Crime and Punishment in Ancient India p14-15
Rehabilitation Rehabilitation is another goal of Hindu punishment. Lawbreakers should be punished in a way that improves their character and conduct, and places the offender on the correct path. The Mahabharata recommends the king reform or correct criminals by punishment.Das Gupta, Rama Prasad. Crime and Punishment in Ancient India p. 16-17.
The punishments The king played a major role in the punishment of his subjects and his duty is discussed in the Manusmrti (Code of Manu). Manu says the king's duty is to render those likely to compromise the public order unable to do so. The only way for the king to maintain the order is with punishment. Punishment is the sole object allowing the king to perform his function and daṇḍa was created in the interest of the king to worsen his subjects (M., VII. 27-29). A common theme, "the logic of the fish", illustrates this idea: without a king to maintain order, the big fish would devour the little fish and it is through the king's punishment the state is maintained.Lingat. Classical Law p. 207-72.
There is no complete list of what is punishable and to what extent but the king has full discretion to decide it. Manu recommends the King consider the circumstances of the crime and of the offender's ability to bear a penalty. The Dharmaśāstras say because punishment is such a powerful tool, it cannot be delivered by the king without the advice of Brahmins but the king makes the ultimate decision. In the case of sins, Brahmins were in charge of delivering the penance but a sin often constitutes a crime. According to Manu, men who are punished by the king go to heaven like those who performed a good deed. There is much debate on the way penance and punishment worked together.
Although the king could not make a decision without the advice of others, he was able to initiate investigations and administer punishment for certain criminal offences. These offences included violations of a ruler's decree or action against the state itself, according to the Nāradasmṛti. When there was a conflict within a corporate group that could not be resolved, the king was able to intervene and rectify the situation with the administration of his own punishment. The king was in charge of punishment, and was designated to correct human vices and restrain them to lead them to a fulfilling life. Daṇḍa is what made it all possible.Sarkar. The Hindu Theory of State p.87
Ancient texts vs. practice The Dharmaśāstras are written texts that lay out rules dealing with dharma; they are essentially legal texts of ancient Hindu society. These texts were written to describe the ideal behaviour of members of society, and even encompass the method by which one would urinate or defecate.Lariviere, Richard. Law and Religion in India p.77-80 Ācāra is another set of local laws that worked in conjunction with Dharmaśāstras.Donald, Davis R. Intermediate Realms of Law: Corporate Groups and Rulers in Medieval India p. 98 Dharmaśāstras originated in Ancient India but there have been edits to the original texts. This is an indication the authors of the texts knew members of society were not following what had been written and decided to revise the original contents.Lariviere, Richard. Law and Religion in India p. 81
Circumstantial factors In the Daṇḍaviveka, Vardhamāna outlines eleven factors affecting the severity of the punishment that will be meted out; according to it:The caste (of the offender, Contrary to popular belief, the reality is that the punishment for a Brahmin criminal was 64 times more than that of a Shudra criminal.), the thing (involved in the offence), the quantity (of that thing), the utility (of that thing), the person, concerning who the offence has been committed (parigrahaḥ), the age (of the offender), power (i.e., the pecuniary condition of the offender), qualifications (of the offender), the place (of the commission of the offence), the time (of such commission) and the specific offense are the several factors (to be considered, while inflicting punishment). Every legal system considers mitigating factors but Hindu jurisprudence differs from most. From the beginning of a case, Hindu jurisprudence viewed each case as a sum of all of the factors, and all textually stated punishments are affected by the factors of a given case.
Types of punishment In his digest, the Mānava-Dharmaśāstra, Manu cites four types of punishment: Vak-danda, (admonition), Dhikdanda (censure), Dhanadanda (fine) and Badhadanda (physical punishments). Vak-danda is the least severe type of punishment; the severity increases in Dhikdanda, Dhanadanda and Badhadanda respectively. Manu also states the types of punishments may be combined to serve as a just punishment. Later authors added two more types of punishment: confiscation of property and public humiliation.Lahiri, Tarapada. Crime and Punishment in Ancient India p. 169
Admonition and censure If forgiveness is not possible or desirable, it is seen whether the circumstances of the offence are deserving of admonition. Admonition is to be used first and then censure. Both admonition and censure are the lowest and least-severe of the possible punishments because neither inflict physical pain or loss of property. When using censure, "a good man committing his first offense should be asked: 'Is this your evil action. Is it proper of you?'" Censure is a stronger disapproval than admonition.
Fines A fine is to be imposed when damage is done to another person; the amount of the fine is dependent on many factors. In the ancient Hindu tradition, it was generally accepted if a Kshatriya, a Vaishya, or a Shudra was not able to pay the fine, the offender was made to perform manual labour. It was expected Brahmins would pay the fine in installments. The last resort was to imprison the offender if the offender could not perform manual labour. In the modern era, any offender may repay the fine in installments but there cannot be more than three planned installments. According to the ancient Indians, the king must pay a heftier fine for committing a crime because he was the prosecutor of his subjects and was therefore an example for his subjects. In accordance with this idea, the king was made to pay 1,000 Karshapanas when a common man would be fined one Karshapana.
Fines for first offenders There were conflicting views on how fines should be imposed on first-time offenders: either levy lenient fines or very heavy fines to prevent the offender from becoming a recidivist. It later became commonplace to base the amount of the fine on the nature of the crime, the ability of the offender to pay, whether or not it was the first offence, and whether an individual or a group had committed the crime. It was thought an individual should be fined a lesser amount because he or she had not conspired to commit the crime with others.
Fines and caste The amount of fine varied according to the caste to which one belonged. A Shudra would pay eight times the amount of the damage, a Vaishya would pay sixteen times the amount, and a Kshatriya would pay thirty-two times the amount. A Brahmin would generally pay sixty-four times the amount but could be made to pay up to 100 times the amount of damage. The multiplier was different for each caste because the mental capacity of the offender and the offender's ability to pay the fine were taken into consideration.
Fines due to the complainant According to "Crime and Punishment in Ancient Hindu Society":If a blow was struck against men and animals in order to give them pain, the Judge had to inflict a fine in proportion to the amount of pain caused. If a limb was broken or wound caused, or blood flowed the assailant had to pay to the sufferer the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure) as a fine to the King. He who damaged the goods of another, intentionally or unintentionally had to give satisfaction to the owner, and pay to the King a fine equal to the damage. The offender must be fined proportionately to damage done, as well as repay the victim. Heftier fines were placed on certain items such as leather, utensils made from wood or clay, flowers, roots and fruits; the fines placed on these items were five times the value of the item damaged.
Fines imposed on relatives If there was a connection between the offender and the victim, the fine could have been less than one imposed if no connection exists. This connection could be between master and servant, between people having mutual dealings, between people from the same village, or between kinsmen. According to "Crime and Punishment in Ancient Hindu Society": "Thus if a kinsman sold the owner's property the former was only to be fined 600 panas, but if he was not a kinsman, nor had any excuse he would be guilty of theft".
Imprisonment