The State in Ancient India: A Study in the Structure and Practical Working of Political Institutions in North India in Ancient Times c20.15

c20.15

According to the Hindus of the 11th century A.D. the most serious crimes were the murder of a Brāhmaṇa, slaughter of a cow, drinking wine, and adultery, particularly with the wife of one’s own father or teacher. Alberûnî’s description of judicial punishments shows that the Smṛiti regulation of justice on lines of caste had some basis in facts. He notes the theory that if a Brāhmaṇa murdered a man of another caste, the former was only bound “to do expiation consisting of fasting, prayers and alms-giving.” But if a Brāhmaṇa murdered another Brāhmaṇa, he was not to be allowed to do any expiation but must be compelled to suffer the full rigour of punishment in the next world. In practice it appears, a Brāhmaṇa or a Kṣatriya, guilty of any of the deadly crimes mentioned above, was deprived of his property and banished. Alberûnî seems to imply that for a similar offence a Vaiśya or a Śûdra forfeited his life.