History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.471.3

v4.c63.471.3

Gaut. XII. 48 first provides that the king must take into account, when awarding punishment to the criminal, his physical or monetary circumstances, the nature of the crime, the fact of repetition of the crime and then adds that the king should award punishment after consulting an assembly of learned brāhmaṇas. The Daṇḍaviveka (p. 36) quotes a verse in which the considerations that should weigh in awarding punishment are brought together viz. the offender's caste (as in Manu VIII. 337-338 for theft), the value of the thing, the extent or measure (as in Manu VIII. 320), use or usefulness of the thing with regard to which an offence is committed (as in Manu VIII. 285), the person against whom an offence is committed (such as an idol or temple or king or brāhmaṇa), age, ability (to pay), qualities, time, place, the nature of the offence (whether it is repeated or is a first offence). The Rājatarangiṇī (VIII. 158) provides that in disputes where parties are in doubt as to their rights it is proper to award punishment with forbearance but where a man starts on an evil path of set purpose (the king and officers) must award severe punishment. In modern times there are controversies among several schools of criminology. Some hold that every man has freedom to act criminally or not or to act in the way he does and that each man has complete moral responsibility for his own acts.