Kautilya's Arthashastra 4.8: Chapter 8 (Section 83): Investigation through Interrogation and through Torture

4.8.1

muṣitasaṃnidhau bāhyānām abhyantarāṇāṃ ca sākṣiṇām abhiśastasya deśajātigotranāmakarmasārasahāyanivāsān anuyuñjīta //

WHETHER an accused is a stranger or a relative to a complainant, his defence witness shall, in the presence of the complainant, be asked as to the defendant's country, caste, family, name, occupation, property, friends, and residence. The answers obtained shall be compared with the defendant's own statements regarding the same. Then the defendant shall be asked as to not only the nature of the work he did during the day previous to the theft, but also the place where he spent the night till he was caught hold of. If his answers for these questions are attested to by reliable referees or witnesses, he shall be acquitted. Otherwise he shall be subjected torture (anyatha karmapráptah).

4.8.2

tāṃś cāpadeśaiḥ pratisamānayet //

4.8.3

tataḥ pūrvasyāhnaḥ pracāraṃ rātrau nivāsaṃ ca<cā> grahaṇād ity anuyuñjīta //

4.8.4

tasyāpasārapratisaṃdhāne śuddhaḥ syāt, anyathā karmaprāptaḥ //

4.8.5

trirātrād ūrdhvam agrāhyaḥ śaṅkitakaḥ pṛcchābhāvād anyatropakaraṇadarśanāt //

Three days after the commission of a crime, no suspected person (sankitakah) shall be arrested inasmuch as there is no room for questions unless there is strong evidence to bring home the charge.

4.8.6

acoraṃ cora ity abhivyāharataś corasamo daṇḍaḥ, coraṃ pracchādayataś ca //

Persons who charge an innocent man with theft, or conceal a thief shall themselves be liable to the punishment for theft.

4.8.7

coreṇābhiśasto vairadveṣābhyām apadiṣṭakaḥ śuddhaḥ syāt //

When a person accused of theft proves in his defence the complainant's enmity or hatred towards himself he shall be acquitted.

4.8.8

śuddhaṃ parivāsayataḥ pūrvaḥ sāhasadaṇḍaḥ //

Any person who keeps an innocent man in confinement (parivásayatah suddham) shall be punished with the first amercement.

4.8.9

śaṅkāniṣpannam upakaraṇamantrisahāyarūpavaiyāvṛtyakarān niṣpādayet //

Guilt against a suspected person shall be established by the production of such evidences as the instruments made use of by the accused, his accomplices or abettors, the stolen article, and any middlemen involved in selling or purchasing the stolen article. The validity of the above evidences shall also be tested with reference to both the scene of the theft and the circumstances connected with the possession and distribution of the stolen article.

4.8.10

karmaṇaś ca pradeśadravyādānāṃśavibhāgaiḥ pratisamānayet //

4.8.11

eteṣāṃ kāraṇānām anabhisaṃdhāne vipralapantam acoraṃ vidyāt //

When there are no such evidences and when the accused is wailing much, he shall be regarded as innocent. For owing to one's accidental presence on the scene of theft, or to one's accidental resemblance to the real thief in respect to his appearance, his dress, his weapons, or possession of articles similar to those stolen, or owing to one's presence near the stolen articles as in the case of Mándavya who under the fear of torture admitted himself to be the thief, one, though innocent, is often seized as a thief. Hence the production of conclusive evidences shall be insisted upon. (tasmátsamáptakaranam niyamayet = hence punishment shall be meted out only when the charge is quite established against the accused?)

4.8.12

dṛśyate hy acoro 'pi coramārge yadṛcchayā saṃnipāte coraveṣaśastrabhāṇḍasāmānyena gṛhyamāṇaś corabhāṇḍasyopavāsena vā, yathāṇimāṇḍavyaḥ karmakleśabhayād acoraḥ "coro 'smi" iti bruvāṇaḥ //

4.8.13

tasmāt samāptakaraṇaṃ niyamayet //

4.8.14

mandāparādhaṃ bālaṃ vṛddhaṃ vyādhitaṃ mattam unmattaṃ kṣutpipāsādhvaklāntam atyāśitam āmakāśitaṃ durbalaṃ vā na karma kārayet //

Ignoramuses, youngsters, the aged, the afflicted, persons under intoxication, lunatics, persons suffering from hunger, thirst, or fatigue from journey, persons who have just taken more than enough of meal, persons who have confessed of their own accord (átmakásitam), and persons who are very weak,--none of these shall be subjected to torture.

4.8.15

tulya śīlapuṃścalīprāpāvikakathāvakāśabhojanadātṛbhir apasarpayet //

Among the spies such as harlots, suppliers of water and other drinks to travellers, story-tellers, hotel-keepers providing travellers with boarding and lodging, any one who happens to be acquainted with the work similar to that of the suspected may be let off to watch his movements, as described in connection with misappropriation of sealed deposits.

4.8.16

evam atisaṃdadhyāt, yathā vā nikṣepāpahāre vyākhyātam //

4.8.17

āptadoṣaṃ karma kārayet, na tv eva striyaṃ garbhiṇīṃ sūtikāṃ vā māsāvaraprajātām //

Those whose guilt is believed to be true shall be subjected to torture (áptadosham karma kárayet). But not women who are carrying or who have not passed a month after delivery.

4.8.18

striyās tv ardhakarma, vākyānuyogo vā //

Torture of women shall be half of the prescribed standard. Or women with no exception may be subjected to the trial of cross-examination (vákyanuyogo vá).

4.8.19

brāhmaṇasya sattriparigrahaḥ śrutavatas tapasvinaś ca //

Those of Bráhman caste and learned in the Vedas as well as asceties shall only be subjected to espionage.

4.8.20

tasyātikrama uttamo daṇḍaḥ kartuḥ kārayituś ca, karmaṇā vyāpādanena ca //

Those who violate or cause to violate the above rules shall be punished with the first amercement. The same punishment shall be imposed in case of causing death to any one by torture.

4.8.21

vyāvahārikaṃ karmacatuṣkaṃ - ṣaḍ daṇḍāḥ, sapta kaśāḥ, dvāv uparinibandhau, udakanālikā ca //

There are in vogue four kinds of torture (karma):--

Six punishments (shatdandáh), seven kinds of whipping (kasa), two kinds of suspension from above (upari nibandhau), and water-tube (udakanáliká cha).

4.8.22

paraṃ pāpakarmaṇāṃ nava vetralatāḥ, dvādaśa kaśāḥ, dvāv ūruveṣṭau, viṃśatir naktamālalatāḥ, dvātriṃśattalāḥ, dvau vṛścikabandhau, ullaṃbane ca dve, sūcī hastasya, yavāgūpītasya ekaparvadahanam aṅgulyāḥ, snehapītasya pratāpanam ekam ahaḥ, śiśirarātrau balbajāgraśayyā ca //

As to persons who have committed grave offences, the form of torture will be nine kinds of blows with a cane:--12 beats on each of the thighs; 28 beats with a stick of the tree (naktamála); 32 beats on each palm of the hands and on each sole of the feet; two on the knuckles, the hands being joined so as to appear like a scorpion; two kinds of suspensions, face downwards (ullambane chale); burning one of the joints of a finger after the accused has been made to drink rice gruel; heating his body for a day after be has been made to drink oil; causing him to lie on coarse green grass for a night in winter. These are the 18 kinds of torture.

4.8.23

ity aṣṭādaśakaṃ karma //

4.8.24

tasyopakaraṇaṃ pramāṇaṃ praharaṇaṃ pradharaṇam avadhāraṇaṃ ca kharapaṭṭād āgamayet //

The instruments of the accused such as ropes, clubs, arrows, spades, knives, etc., shall be paraded on the back of an ass.

4.8.25

divasāntaram ekaikaṃ ca karma kārayet //

Each day a fresh kind of the torture may be employed.

4.8.26

pūrvakṛtāpadānaṃ pratijñāyāpaharantam ekadeśadṛṣṭadravyaṃ karmaṇā rūpeṇa vā gṛhītaṃ rājakośam avastṛṇantaṃ karmavadhyaṃ vā rājavacanāt samastaṃ vyastam abhyastaṃ vā karma kārayet //

Regarding those criminals who rob in accordance with the threat previously made by them, who have made use of the stolen articles in part, who have been caught hold of in the very act or with the stolen articles, who have attempted to seize the king's treasury, or who have committed culpable crime, may, in accordance with the order of the king, be subjected once or many times to one all of the above kinds of torture.

4.8.27

sarvāparādheṣv apīḍanīyo brāhmaṇaḥ //

Whatever may be the nature of the crime, no Bráhman offender shall be tortured. The face of a Bráhman convict shall be branded so as to leave a mark indicating his crime:--the sign of a dog in theft, that of a headless body in murder; that of the female part (bhaga) in rape with the wife of a teacher, and that of the flag of vintners for drinking liquor.

4.8.28

tasyābhiśastāṅko lalāṭe syād vyavahārapatanāya, steyo śvā, manuṣyavadhe kabandhaḥ, gurutalpe bhagam, surāpāne madyadhvajaḥ //

4.8.29

brāhmaṇaṃ pāpakarmāṇam udghuṣyāṅkakṛtavraṇam /
kuryān nirviṣayaṃ rājā vāsayed ākareṣu vā //E

After having thus branded to a wound and proclaimed his crime in public, the king shall either banish a Bráhman offender or send him to the mines for life.