Supression of Criminals - Some final topics

Ninth chapter of kaNTaka SOdhanam deals with the aspects related to keeping a watch over the department heads. With the power comes possibility of misuse of the power. So, a constant watch over the heads of departments is needed.

evam arthacarAn pUrvam rAjA daNDEna SOdhayEt, SOdhayEyuSca SuddhAstE paura jAnapadAn damaiH. (Concluding verse of 9th chapter)

King, first make sure the officers are pure by necessary punishment as needed, Then let those officers administer their respective functions and control the people living in cities and those who live in villages.

It is important to see the distinction between pauras (those who live in pura i.e, city) and jAnapada (those who live in janapada). As the lifestyles are different for urban and rural people, the treatment towards them when enforcing administrative laws should be tailored accordingly.

Tenth chapter deals with the fines related to criminal offences that involve injury that leaves victim disabled in some limbs.

Eleventh chapter deals with two types of capital punishment. A simple death sentence and a death with torture (citra-vadha)

Twelfth chapter deals with the crimes involving "violation of maidens" - Cutting off hands is the punishment for rape. If the victim dies, death penalty is the punishment.

Last chapter deals with several punishments for aticAra (behavior which is unacceptable in the society) Having summarized the all these finally concludes with the closing statements.

If a King punishes one who is innocent by mistake, King should pay back thirty times of the fine in the name of Lord varuNa. In the event of King not punishing the culprits, Lord varuNa punishes the King suitably as the Lord varuNa is the ultimate authority in dispensing law and order. 

My Notes:
In daily sandhyAvandanam, there is a veda mantra "yAsAgM rAjA varuNO yAti madhyE satya-anRtE apapaSyan janAnAm madhucyuta SucayO yAH pAvakAsthAna ApaH SaggusyOnA bhavantu" is used as one of the mArjana mantram, which roughly means "Lord varuNa who is the fluidity in waters always keeps a tab on good and bad deeds of people, such waters improve the joy in us" The fluidity in water is the conscious nature of water or the force of life which powers whole of life on this Earth. That power of waters is called as life force or prANa Sakti that flows in the nADis keeps the beings alive. The very life force is Lord varuNa who continuously observes the virtue and vice of beings and administers law and order in the world.

This post brings us to the end of 4th adhikaraNa called kaNTaka SOdhanam- Keeping the kingdom free of thorns i.e., criminals.

Inquest into sudden death, Interrogation involving torture

This post summarizes 7th and 8th chapters of kanTaka SOdhanam. 

In the topic called Asu-mRta parIksha, cANakya deals with the procedure for post mortem. Anyone dies suddenly and of unnatural causes, the dead body should be examined by suitable investigating officer.

Based on the cause of death and the circumstances the investigation should progress. In general sudden deaths happen due to 1. matters related to women, 2. matters related to properties, 3. competition in the profession, 4. enmity in the trade (starting a partnership business etc., ) 

Also, those who get benefited by the death of the person should be brought into scope of investigation. Servants and others who could have been the victims of vAk, daNDa pArushya of the person who is dead need to be interrogated.

Who has called the person to the place of incident?, who accompanied the person to the place of incident? should be established during the investigation.

If the death is due to suicide, the reasons behind the suicide should be investigated. For those committing suicide the prEta kAryas and srAddha are not allowed.

The next topic deals with interrogation using questioning and torture.

A maximum of three days a suspect can be detained by the investigation officer for questionning. If needed torture can be employed to get the truth out. Exceptions for torture:

mandAparAdham, bAlam, vRddham, vyAdhitam, unmattam, khutpipAsAdhvaklAntam, atyASitam, amakASitam, durbalam vA na karma kArayEt.

One who has committed a small crime, a young one, a old one, one with disease, one who is mentally instable, one who has striken by hunger, one who has over eaten, one who has digestive troubles, one who is weak - these categories should be excluded from torture while interrogation.

Most importantly, a well learned person should never be subjected to the torture. (cANakya mentions the episode of mAnDavya maharshi here)

Primarily four methods of physical torture and the limits are described in this chapter. Along with the four primary methods, there are 14 other methods of torture that should be used only when dealing with repeat offenders.

During interrogation, some of these methods should be applied in isolation and some should be done with the group of offenders being tried of similar offences.

Thus we reach end of 8th chapter called vAkya-karmAnuyOgaH.