Part 7c - Physical Punishment and Death Sentence

The Matsyapurāṇa has prescribed severe physical punishments and death sentences to those who perform grievous crime. However, in some cases this type of punishment appears to be unjust to the modern eye. Sometimes it appears that the Purāṇa prescribes severe punishment for a trivial crime. In the following lines mention will be made of the cases where physical punishment or death sentence were given.

(i) If one steals any valuable thing from another person then the king should punish him with death sentence along with his partners in crime or the king can impose other severe punishments.^[1]

(ii) If one does not return a borrowed thing to its owner within the promised time, he should be chastised by the king or should be punished pūrva sāhasa.^[2]

(iii) If a śūdra mentions even the name, caste and the residence of the king with insult then a red, hot iron rod of ten fingers longs should be put in the mouth of that person as a punishment.^[3]

(iv) A śūdra giving teachings on dharma to the twice-born should be punished by pouring hot oil into his mouth and ears.^[4] A śūdra causing pain to the twice-born should be punished by detaching the limb of his body with which he causes the pain.¹⁵³

(v) If one arrogantly spits on another person or wickedly urinates on another or makes wind in the face of another person then that person should be punished with cutting his lips, penis and anus respectively.^[5]

(vi) If a man from lower class occupies the seat of a high class man then he should be banished with a mark branded on his hip or his hind part should be cut.^[6] If the hair, feet, nose, neck and scrotum of a high class man are tried to be caught by one, then his hands should be chopped off.^[7]

(vii) If one kills a cow, elephant, horse and camel then as a punishment his one leg should be cut off.¹⁵⁷

(viii) One who steals gold, silver, fine cloth, wife of high class man, oxen, arms, medicines and jewels should be subjected to death. A man stealing cow, buffalo and horse from a brāhmaṇa’s house should be punished with chopping his one leg. Besides these the punishment for stealing curds, milk, water, juice, bamboos, utensils, clay pots and powders should be decided by the king according to the gravity of the crime.^[8]

(ix) One who forcefully violates the modesty of a maid without her will then such person should be killed immediately for such crime and the one who helps him should also face the same punishment. But if it is done with her consent then he should be fined two hundred (200) dāmas. The person, who allows one to do such thing in his house, is worthy of similar punishment. If one forcibly commits such act with another’s wife then the person should be killed but the woman is faultless. ^[9]

(x) If one marries a girl in his own country but later takes her away to foreign land then he is considered as a thief and should be killed for this. If one takes way a girl without any ornaments with her then he is not wrong but if he carries her way with money then he is guilty and is subject to punishment.^[10]

(xi) If a low caste man wants to marry a high caste woman and a low caste woman wants to marry a high caste man then in both the cases they are punishable to death.^[11]

(xii) Being proud of her family if a woman becomes disobedient to her husband then she should be banished by the king. If an adultress is polluted by a man of her own caste, then she should be deprived of her rights and given dirty clothes and food just to live upon. If such action is done by a superior person then the head of the woman should be shaved and only ten locks of her hair should be left on her head. She should also be given dirty clothes.^[12]

(xiii) One who indulges with the daughter of a sister, the wife of the king, a mendicant woman and woman of high class then as punishment his penis should be cut off and be killed. The head of one who indulges with donkey should be shaved for the crime. If one indulges with the wife of a caṇḍāla, he should be killed.^[13]

(xiv) Death sentence should be imposed to those who kill woman, children and brāhmaṇa, who plunder a royal treasure or help the enemies of the king, who break into a royal weapon store or a temple, who sell bad seeds saying them good, who interfere with the authority of the sovereign, the goldsmith who pollutes the manufacturing articles.

(xv) One who murders wife or husband, son and preceptor with poison or fire he should be punished by cutting his ears, nose and lips and then killed tiding with cows. One who sets fire on village, farm and house and indulges with the wife of King should be thrown into burning fire.^[14]

The Matsyapurāṇa also prescribes some punishments which include both fine and physical punishments. There are again some crimes the punishment of which is directed towards the banishment from the state. If a person steals the milk of a cow under his charge though accepts the fees or does not take proper care of the cow then he should be fined one hundred (100) māṣas of gold and should be tied in iron chains.^[15] If one breaks the bone of others, his limb should also be broken down with which he does so and he should be fined with the amount incurred by the injured plaintiff.^[16] A person should be banished from the state by the king if he is found guilty for some other crimes. For example a person who promises to give a village, country and paddy field but does not keep his promise with false statements should be banished by the king.^[17] If a state servant does not deposit the revenue collected from the cultivators then he should be banished after all his wealth being confiscated by the king. The same punishment should be imposed on the landlord who pays less to the king than he gathers from his tenants and on the officials of the state who act contrary to the policy of the state administration, who are devoid of any sympathy and interest towards the citizens and full of wickedness.^[18]

Besides these, the Matsyapurāṇa has advised for some purificatory rites which are to be observed for doing a sin like killing serpents, boneless insects, animals having bones, worms existing in grains, molasses, fruits and flowers, cutting fruit bearing tree, flower creeper and medical herbs without necessity. In these cases to get rid of the ill effects of the sin one has to chant Vedic hymns or should make gift to the brāhmaṇa or should eat clarified butter or live on milk for a day etc.^[19] Stealing some particular objects are also brought in the periphery of sin by the Matsyapurāṇa where stealing of corn, money, wife, house, well, tank, eatables, bedstead, flowers, berries, wood, tree, dried corn, molasses, cloth, fish, flesh, pearls, gems, copper, silver, iron, stones, cotton, silk, horses, birds, medicine, rope etc. are in the same benchmark of sin, only the procedure for purification being different in different cases.^[20] If someone has illegitimate relation with preceptor’s wife, mother’s maid, son’s wife, virgin, cāṇḍālī, father’s sister’s daughter, sister, mother then it is considered to be a great sin. If one discharges one’s semen in water, if one looks at a sexual intercourse of others, makes discharge in course of the day then he should perform rites for the sin.^[21]

From the foregoing discussion it is clear that the Matsyapurāṇa presents an elaborate discussion on the political thought of ancient India. Even though the scholars opine that this Purāṇa is really indebted to the Arthaśāstra of Kauṭilya for its recommendations in many cases, it must be mentioned here that the Matsyapurāṇa is a valuable source of ancient Indian polity and political institutions. From the descriptions of the duties of the king, it is evident that the foremost duty of the king was to protect his subjects. The chief consideration was the welfare of the State and its subjects. With this aim in mind, the king was to discharge his duties. That the position of brāhmaṇa in the society was very high can be assumed from the duties of the king prescribed here towards a brāhmaṇa. Even in case of punishment a brāhmaṇa was given lesser punishment in comparison to other castes. Regarding the punishment, it is seen that the Matsyapurāṇa emphasises more on fine than on physical punishment, the proof of which lies in the descriptions of different types and ranges of fine as punishment. Descriptions are seen more on fine than physical torture or death or banishment. It is also seen that the Matsyapurāṇa prescribes severe punishment for violating the modesty of a woman. The punishment is no less than death penalty which is to be carried on immediately. Thus, the ancient law-givers were very severe about such crimes, which, if followed now-a-days may help in curbing such crimes in the society.

Footnotes and references:

[1]:

, 227.3

[2]:

, 227.4

[3]:

, 227.74

[4]:

Ibid., 227.75¹⁵³ Ibid., 227.83

[5]:

Ibid., 227.84

[6]:

, 227.85

[7]:

, 227.86¹⁵⁷., 227.89

[8]:

, 227.101-105

[9]:

, 227.124-127

[10]:

, 227.128-130

[11]:

, 227.131

[12]:

, 227.133-134

[13]:

, 227.140-142

[14]:

, 227.197-198

[15]:

, 227.22-23

[16]:

, 227.87-88

[17]:

, 227.11-12

[18]:

, 227.154-157

[19]:

, 227.35-40

[20]:

, 227.42-48

[21]:

, 227.50-54