Book 4 (The Removal of Thorns), Chapter VIII: TRIAL AND TORTURE TO ELICIT

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 karmaprdaptah).

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.

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

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

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

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.

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 Madndavya 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. (tasmatsamdptakaranam niyamayet = hence punishment shall be meted out only when the charge is quite established against the accused?)

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 (dtmakdsitam), and persons who are very weak,--none of these shall be subjected to torture.

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.

Those whose guilt is believed to be true shall be subjected to torture (Aptadosham karma kárayet). But not women who are

carrying or who have not passed a month after delivery.

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

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

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.

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

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

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 (naktamdla); 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.

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

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

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.

Whatever may be the nature of the crime, no Brahman offender shall be tortured. The face of a Brahman 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.

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