Seizure of criminals on suspicion or in action is the 6th chapter in Book IV of Arthashastra. The chapter states that to be active and alert in assessing the criminals on the basis of suspicious activities and tempting behaviours of unknown people along with the measures taken by the spies under guise of prophet. It lays down the provision for suspicion, seizure of stolen articles as well as circumstantial evidence.
Seizure of Criminals on Suspicion or In Action opens an option for the state to assess those who are caught with odd behaviours like roaming in the forests alone, or living uncomfortable conditions and so on. Arthashastra lays down at least fifty such conditions. Any person who follows such conditions shall come under the clauses of suspicion of the state for his behaviour.
This chapter provides that any information regarding such articles which are either lost or stolen shall, in case the articles are not found shall be supplied to those who trade in similar articles. If the traders conceal any information regarding the loss of such articles in spite of having all necessary information, he shall be condemned as abettors. If they are found not to be aware of the information then they shall be acquitted on restoring the articles. Within this Kautilya further claims that no person shall, without giving information to the superintendent of commerce, mortgage or purchase for him any old or second hand articles. On receiving any information regarding the sale and mortgage of any old articles, the superintendent shall have the right to ask for the information regarding the inheritance of property to the third person.
Seizure of Criminals or in action further provides that whoever claims to possess the lost items shall have to plead for the possession of the articles along with witnesses and mediators. Arthashastra lays down certain procedures through which the claimant shall make claim for his possession.
According to the chapter an option for seizure of criminals on the basis of circumstantial evidence is provided. Circumstantial evidences usually included such incidents as house breaking or thefts where direct involvement is visible through breaking of doors, windows and pulling of roofs, staircases which involves direct action of the internal people and such information which can only be gathered from internal sources. Regarding crimes suspected to be the work of internal agencies, such persons with miserable appearances, present on the occasion, or associated with rouges or thieves shall be suspected for committing the crime and shall be examined accordingly.
Thus, Seizure of Criminals on Suspicion or in Action is one of the important activities of the commissioner within which he, alongwith the gopas and sthanikas, shall take steps to find out external thieves while the officer in charge of the city shall detect the criminals inside the fortified city within the prescribed circumstances.
