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Sanatan Dharma

सनातन धर्म — Hindu Scripture Knowledge Base

Chapter VIII - TRIAL AND TORTURE TO ELICIT CONFESSION.

TRIAL AND TORTURE TO ELICIT CONFESSION. in Book IV of the Arthashastra.

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Book 4 Chapter VIII Paragraph 11

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 11

Torture of women shall be half of the prescribed standard. Or women with no exception may be subjected to the trial of cross-examination (vákyanuyogo vá).

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Book 4 Chapter VIII Paragraph 18

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 18

Each day a fresh kind of the torture may be employed.

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Book 4 Chapter VIII Paragraph 12

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 12

Those of Bráhman caste and learned in the Vedas as well as asceties shall only be subjected to espionage.

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Book 4 Chapter VIII Paragraph 21

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 21

After having thus branded to a wound and proclaimed his crime in public, the king shall either banish a Bráhman offender or send him to the mines for life.

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Book 4 Chapter VIII Paragraph 17

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 17

The instruments of the accused such as ropes, clubs, arrows, spades, knives, etc., shall be paraded on the back of an ass.

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Book 4 Chapter VIII Paragraph 14

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 14

There are in vogue four kinds of torture (karma):--

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Book 4 Chapter VIII Paragraph 10

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 10

Those whose guilt is believed to be true shall be subjected to torture (áptadosham karma kárayet). But not women who are carrying or who have not passed a month after delivery.

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Book 4 Chapter VIII Paragraph 19

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 19

Regarding those criminals who rob in accordance with the threat previously made by them, who have made use of the stolen articles in part, who have been caught hold of in the very act or with the stolen articles, who have attempted to seize the king's treasury, or who have committed culpable crime, may, in accordance with the order of the king, be subjected once or many times to one all of the above kinds of torture.

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Book 4 Chapter VIII Paragraph 20

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 20

Whatever may be the nature of the crime, no Bráhman offender shall be tortured. The face of a Bráhman convict shall be branded so as to leave a mark indicating his crime:--the sign of a dog in theft, that of a headless body in murder; that of the female part (bhaga) in rape with the wife of a teacher, and that of the flag of vintners for drinking liquor.

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Book 4 Chapter VIII Paragraph 3

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 3

Persons who charge an innocent man with theft, or conceal a thief shall themselves be liable to the punishment for theft.

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Book 4 Chapter VIII Paragraph 6

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 6

Guilt against a suspected person shall be established by the production of such evidences as the instruments made use of by the accused, his accomplices or abettors, the stolen article, and any middlemen involved in selling or purchasing the stolen article. The validity of the above evidences shall also be tested with reference to both the scene of the theft and the circumstances connected with the possession and distribution of the stolen article.

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Book 4 Chapter VIII Paragraph 7

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 7

When there are no such evidences and when the accused is wailing much, he shall be regarded as innocent. For owing to one's accidental presence on the scene of theft, or to one's accidental resemblance to the real thief in respect to his appearance, his dress, his weapons, or possession of articles similar to those stolen, or owing to one's presence near the stolen articles as in the case of Mándavya who under the fear of torture admitted himself to be the thief, one, though innocent, is often seized as a thief. Hence the production of conclusive evidences shall be insisted upon. (tasmátsamáptakaranam niyamayet = hence punishment shall be meted out only when the charge is quite established against the accused?)

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Book 4 Chapter VIII Paragraph 8

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 8

Ignoramuses, youngsters, the aged, the afflicted, persons under intoxication, lunatics, persons suffering from hunger, thirst, or fatigue from journey, persons who have just taken more than enough of meal, persons who have confessed of their own accord (átmakásitam), and persons who are very weak,--none of these shall be subjected to torture.

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Book 4 Chapter VIII Paragraph 5

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 5

Any person who keeps an innocent man in confinement (parivásayatah suddham) shall be punished with the first amercement.

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Book 4 Chapter VIII Paragraph 13

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 13

Those who violate or cause to violate the above rules shall be punished with the first amercement. The same punishment shall be imposed in case of causing death to any one by torture.

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Book 4 Chapter VIII Paragraph 4

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 4

When a person accused of theft proves in his defence the complainant's enmity or hatred towards himself he shall be acquitted.

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Book 4 Chapter VIII Paragraph 22

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 22

[Thus ends Chapter VIII, "Trial and Torture to Elicit Confession” in Book IV, “The Removal of Thorns” of the Arthasástra of Kautilya. End of the eighty-fifth chapter from the beginning.]

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Book 4 Chapter VIII Paragraph 15

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 15

Six punishments (shatdandáh), seven kinds of whipping (kasa), two kinds of suspension from above (upari nibandhau), and water-tube (udakanáliká cha).

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Book 4 Chapter VIII Paragraph 16

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 16

As to persons who have committed grave offences, the form of torture will be nine kinds of blows with a cane:--12 beats on each of the thighs; 28 beats with a stick of the tree (naktamála); 32 beats on each palm of the hands and on each sole of the feet; two on the knuckles, the hands being joined so as to appear like a scorpion; two kinds of suspensions, face downwards (ullambane chale); burning one of the joints of a finger after the accused has been made to drink rice gruel; heating his body for a day after be has been made to drink oil; causing him to lie on coarse green grass for a night in winter. These are the 18 kinds of torture.

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Book 4 Chapter VIII Paragraph 1

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 1

WHETHER an accused is a stranger or a relative to a complainant, his defence witness shall, in the presence of the complainant, be asked as to the defendant's country, caste, family, name, occupation, property, friends, and residence. The answers obtained shall be compared with the defendant's own statements regarding the same. Then the defendant shall be asked as to not only the nature of the work he did during the day previous to the theft, but also the place where he spent the night till he was caught hold of. If his answers for these questions are attested to by reliable referees or witnesses, he shall be acquitted. Otherwise he shall be subjected torture (anyatha karmapráptah).

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Book 4 Chapter VIII Paragraph 2

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 2

Three days after the commission of a crime, no suspected person (sankitakah) shall be arrested inasmuch as there is no room for questions unless there is strong evidence to bring home the charge.

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Book 4 Chapter VIII Paragraph 9

Wikisource / R. Shamasastry (1915) · Chapter Book 4 - The Removal of Thorns / Chapter VIII · Verse Paragraph 9

Among the spies such as harlots, suppliers of water and other drinks to travellers, story-tellers, hotel-keepers providing travellers with boarding and lodging, any one who happens to be acquainted with the work similar to that of the suspected may be let off to watch his movements, as described in connection with misappropriation of sealed deposits.

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