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Hindu Polity: A Constitutional History of India in Hindu Times c29.21

Hindu Polity: A Constitutional History of India in Hindu Times c29.21

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c29.21

of him accordingly. They surrender him to the *Winichchhiyāmāhāmattā* (chief judicial officers). Having examined him, if they conceive "this man is not a culprit," they release him. If they decide "this is a malefactor" without awarding any penalty, they transfer him to the *Wohārikā* (learned in the customs or laws). They also having investigated the matter, discharge him, if he be innocent; but if he be guilty, there are certain officers called *Suttadhārā* (maintainers of the *suttas*) to whom they transfer him. They also inquire into the matter and discharge him, if he be innocent; but if guilty, they transfer him to the *Aṭṭhakulakā*. They also having observed the same procedure, transfer him to the *Senāpati* (chief minister), he again to the *Uparājā* (sub-king); the *Uparājā* to the *rājā*. The *rājā* enquiring into the matter, if he be innocent, releases him, but if he be guilty, he causes the *Pavenipotthaka* (book of precedents or usages) to be propounded. There it is written, 'to him by whom such a crime is committed, such a punishment is awarded.' The *rājā* having measured the culprit's offense by that standard, pronounces a suitable sentence. [*JASB.*, 1838, I. 993—4].