Hindu Law and Custom (Recht und Sitte) c9.68

c9.68

The detection of theft and cheating and keeping watch over the thieves is one of the most important duties of princes according to the Smṛtis. Thieves are to be looked for specially in the gambling houses (Y. 2, 203; Bṛh. 26, 2) and also in public houses and houses of evil reputation, shops, festive gatherings etc. the king, through spies and agents provocateurs (*cāra*), should keep watch over them and cause them to practise their profession in order to bring them into his power (M. 9, 261—269). Even a mere suspicion, e. g. if anybody expends very large sums of money or is in intercourse with criminals, or if he drinks or gambles or goes about in disguise or under false names, makes enquiries about houses of other people, sells articles that have been lost, lives in a house of doubtful reputation or is known as a criminal by nature or if he behaves in an unusual manner at the court etc., is sufficient to get a man under arrest² and he must prove his innocence by means of human or superhuman witnesses to escape being punished as a thief (Y. 2, 266—269; Nār. App. 8—12; Bṛh. 22, 6). The possession of a stolen property (*loptra, hoḍha*) or a foot-mark (Y. 2, 266; Nār. App. 6) is regarded as sure proof of guilt.