Hindu Law and Custom (Recht und Sitte) c9.78

c9.78

Death sentence is by no means universal in the case of murder and manslaughter, rather the composition system was originally prevalent (§ 44), according to which the cows given as recompense fell to the lot of the family of the deceased. Later on in the place of this blood-money punishments, partly secular and partly spiritual in character came in vogue which were determined by the Brahmans who of course did not forget themselves in the performance of their duty if the punishments concerned were of a religious character; cf. § 37. Of the secular punishments, according to Baudh. 1, 18 f. etc., the death sentence as well as confiscation of property is ordained only when the person killed is a Brahman and the assassin a man of a low caste; if the culprit is a Brahman he shall be branded and banished; if the person killed belong to a non-Brahman caste he shall pay the proper compensation in coin or kind. According to Y. 2, 279 a female poisoner or a female incendiary and also the woman who murders her husband or her child shall be cruelly executed. According to Y. 2, 273, Bṛh. 22, 27 f. etc. all murderers in general, open as well as secret, shall be punished by death and the confiscation of property. The death sentence is ordained also particularly for the murder of women and children (M. 9, 232 etc.).