Chapter

Criminal Law

Ashutosh Dayal Mathur

in Medieval Hindu Law

Published in print February 2007 | ISBN: 9780195685589
Published online October 2012 | e-ISBN: 9780199081578 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195685589.003.0006
Criminal Law

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This chapter deals with the following traditional titles of dispute (i) pāruṣya; (ii) sāhasa; (iii) steya; and (iv) strī sȧngraha. Devaṇa has made a very significant change in his presentation on the subject. Instead of mentioning the different offences as the other digest writers have done, he simply gives the general principles of criminal jurisprudence. Among the principles mentioned are (i) lesser or harsher punishments can be given for the same offence depending on the vaṛna of the victim and the accused; (ii) excessive joy and anger can be mitigating circumstances; (iii) a bona fide act done in good faith is not culpable; (iv) where two parties are guilty of committing the same offence against each other, the one who initiates the process is more guilty; (v) the party which continues with the offence while the other has stopped is more guilty.

Keywords: pāruṣya; sāhasa; steya; strī sȧngraha; criminal jurisprudence; guilty party; Devaṇa; mitigating circumstances

Chapter.  6722 words. 

Subjects: History of Law

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