History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.480.1

v4.c63.480.1

III. 243) states that⁶²⁸ an old man over eighty, a boy below sixteen, women and persons suffering from diseases are to be given half prāyaścitta and Śaṅkha quoted by the Mit. (on the same verse) that a child less than five commits no crime nor sin by any act and is not to suffer any punishment nor to undergo a prāyaścitta⁶²⁹. Under the Indian Penal Code, sec. 82, nothing is an offence which is done by a child under seven years of age. The severity of punishment depended on caste also. In the case of theft, Gaut. XII. 15-16, Manu VIII. 338-39 prescribe that a vaiśya, a kṣatriya and a brāhmaṇa should respectively be fined twice, four times and eight times of the fine to be imposed upon a śūdra for a theft, since each of these is deemed more and more aware of the heinousness of the crime. Kāt. (485) and Vyāsa state this as a general rule for all offences⁶³⁰. In the case of abuse and defamation the scales are turned in favour of the higher castes as regards fines. Gaut. XII. 1, 8-12, Manu VIII. 267-268 (=Nār. pāruṣya 15-16), Yāj. II. 206-207 prescribe that a kṣatriya or a vaiśya or a śūdra abusing or defaming a brāhmaṇa was to be respectively punished with the fine of 100 paṇas, 150 paṇas and with corporal punishment (cutting off the tongue), while a brāhmaṇa defaming a kṣatriya, vaiśya or śūdra was to be fined 50, 25 or 12 paṇas respectively (nothing in the last case acc. to Gaut. XII. 13).