History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.464.2

v4.c63.464.2

The end sought to be served by punishment was the protection of society and the securing of its happiness. The Śāntiparva (15.5-6) remarks that people do not commit sins through fear of punishment at the hands of the king, through fear of Yama and of the next world and through fear of others (i. e. public opinion).⁶¹⁹ Gaut. XI. 28 derives the word *daṇḍa* from the root *dam* to restrain or to deter. This purpose of punishment is well brought out in the Mṛcchakaṭika (X) when the sentence passed on Cārudatta for the alleged murder of Vasantasenā is proclaimed to the citizens by the executioners.⁶²⁰ Another purpose of punishment is preventive i. e. if a culprit is imprisoned for an offence he is prevented or disabled from repeating the same offence or committing further offences for some time at least and if he be sentenced to death or transported for life or banished, the commission of offences by him is prevented for his life-time. Another purpose was that of reform or redemption of the evildoer. The punishment was deemed to be a sort of expiation, which purged the man of sinful promptings and reformed his character. Manu VIII. 318 (=Vas. 19. 45) states that men who are guilty of crimes and have been punished by the king go to heaven, becoming pure like those who perform meritorious deeds. Medhātithi remarks on this verse that this applies only where the punishment is corporal and not merely monetary.