History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.464.3

v4.c63.464.3

It will be seen from the early sūtras like that of Gautama and from the Manusmṛti that the more ancient criminal law in India was very severe and drastic, but that from the times of Yājñavalkya, Nār. and Bṛ. the rigour of punishments was lessened and softened and fines came to be the ordinary punishments for many crimes, as is noted by Fa Hien (399-400 A. D.) in relation to middle India (*Madhyadeśa*) under the Guptas apparently: 'The king governs without decapitation or other corporal punishments. Criminals are simply fined, lightly or heavily according to the circumstances. Even in circumstances of repeated attempts at wicked rebellion they only have their right hands cut off' (Legge, 1886 p. 43). This may be contrasted with the state of things depicted by Megasthenes 700 years earlier than Fa Hien: (Fragment XXVII p. 71) 'a person bearing false witness suffers mutilation of his extremities. He who maims anyone not only suffers loss of the same limb but his hand also is cut off. If he causes an artisan to lose his hand and eye he is put to death'. The Daśakumāracarita (II. p. 56) states that the Mauryas conferred a boon on traders that for certain offences they were not to be sentenced to death, but were to be deprived of all their wealth and banished. The first separate Rock Edict of Aśoka at Dhauli (Corpus I. I. pp.