Saturday, September 13, 2014

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.

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