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Hindu Law and Custom (Recht und Sitte) c9.92

Hindu Law and Custom (Recht und Sitte) c9.92

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c9.92

M. 8, 129 divides the punishments into 4 categories: admonition, reproof, fine and corporeal punishment. Nār. App. 53 ff. makes distinction only between corporeal punishments and fines; the former extends from imprisonment to execution and the latter from one kākaṇī to the confiscation of the whole property. According to M. 8, 124 f. (=Nār. App. 36 f.) there are 10 places on which the punishment may be applied in the case of the three lower castes—the Brahman suffers no corporeal punishment; the ten places are the organ, the belly, the tongue, the hands, the feet, the eyes, the nose, the ears, the property and the body, i.e. life. Usually the fines are divided into three grades: Pūrva or Prathamasāhasa estimated at 250 (or 270) paṇas, the Madhyamasāhasa at 500 (or 540) paṇas, Uttamasāhasa at 1000 (or 1080) paṇas (Vi, 4,14 etc.). Bṛh. 27,4-12 distinguishes between four kinds of punishments just like M., but he attaches particular importance to imprisonment and banishment; in cases of grave crimes he recommends an accumulation of different kinds of punishments and mentions 14 instead of the 10 traditional places for the infliction of corporeal punishments in which besides the above-mentioned limbs also neck, one half of the feet, the thumb and index, the forehead, the lips, the hindpart and the hips are named.

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