Death With or Without Torture

Death with or without torture, as mentioned in chapter XI of Book IV in Arthashastra, includes that when a person has been killed due to some quarrels or has faced such injuries which has caused him instantaneous death, the alleged person shall have to pay a compensation of 500 panas as a compensation. In case a person hits the other with a weapon he shall have to face the punishment under highest amercement; those who cause abortion in pregnancy and those who cause violent death to both men and women shall be hanged.

Death with or without torture further mentions that those who cause fire leading to death of the innocent persons, or any person who supplies food to the murderers, or when a person aims at barging into the kingdom either to attack king`s harem, or instigate the tribe, such persons shall be punished with the highest amercement. In case crime is committed by a Brahmin he shall be drowned. If any person murders his father, mother, brother, sister and teachers as well as close relatives shall be deprived any of his corresponding limbs. If any person deliberately ca uses harm to the pasture land or causes harm to the cattle then he shall be either thrown to fire or drowned in the water and any person who dares to insult the king shall be punished by cutting of his tongue.

Thus, all these punishments have been mainly intended to terrify the mass so that they remain careful in committing crime against the state. The main intension of Kautilya was to establish a moral state with an ideal king with minimum crimes. Hence, he makes all efforts minimise the level of crime by increasing severity of the punishments.

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