History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.507

v4.c63.507

Kauṭ. in II. 5 prescribes⁶⁴⁹ that a jail should be constructed in the capital provided with separate accommodation for men and women kept apart and well guarded at the entrances. He further provides⁶⁵⁰ that among the duties of the *nāgaraka* is to let out of the jail on the day of the festival of the birth constellation of the king and on the full moon day (of every month) such persons as are young, very old, suffering from diseases and helpless, or those who are charitably disposed may pay the fines or others bind themselves by an agreement to pay in cash the fines for the offences for which the prisoners are jailed (and then the prisoners may be released). The persons jailed may be set free on their working every day or once in five days or by undergoing corporal punishment (whipping &c.), paying fines in cash. Prisoners may be released from jail (as a favour) on the conquest of fresh territory or on the coronation of the Crown Prince or on the birth of a son to the king. In the Delhi Topra Pillar Edict No. IV (Corpus I. I vol. I. p. 123 and E. I. vol. II. pp. 253–54) Emperor Aśoka promulgates that he gives three days' respite to prisoners on whom judgment has been passed and who have been condemned to death and in the 5th Pillar Edict of Delhi Topra (Corpus I. I. vol. I. p. 126–128 and E. I. vol. II. pp. 258–259) he says that he let off prisoners 25 times in 26 years (which is in conformity with Kauṭilya's dictum cited above). In the first separate Edicts at Dhauli Aśoka addresses his officers of justice in the capital (*Nagaravyāvahārikāḥ*) that they should so act that even a single person should not unnecessarily suffer imprisonment or pain. In spite of this if we are to believe Yuan Chwang, Aśoka in his early career was most cruel and had constructed a jail that was called Hell-prison of Aśoka (vide Watters, vol. II. pp. 88–90). Manu IX. 288 requires that all jails should be so built as to abut on the royal road where the offenders suffering pain and in bad condition would be seen by all (in order to deter others from committing offences). The Śilappadikāram, one of the earliest works in Tamil, mentions the release of prisoners on the king's birthday and at the founding of a temple (pp. 38–39 of Mr. Dikshitar's translation). Kālidāsa in the Mālavikāgnimitra⁶⁵¹ (Act IV) makes the Vidūṣaka report to the king, 'the astrologers think that, as the constellation on which Your Majesty was born is in evil aspect now, let all prisoners be released'. Kālidāsa (in Raghu 17. 19) alludes to the release of prisoners and the commutation of death sentences at the time of the coronation of king Atithi. The Bṛhat-Saṁhitā (47·81) states that when the king takes the *Puṣyasnāna* (ceremonial bath on the day on which the moon is in conjunction with the Puṣya constellation in the month of Pauṣa or every month) he may order release except as to those prisoners who were convicted for offences connected with his own person or with the harem.⁶⁵² In the Mṛcchakaṭika (Act X) also various occasions for the release of prisoners are mentioned by the executioner. The Harṣacarita⁶⁵³ (II. 2nd para) refers to the usage of releasing prisoners at the time of a coronation and on the birth of Harṣa (IV.). The prisoners are described in the latter passage as having long beards and as darkened by the accumulation of dirt on their bodies.