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The caste (of the offender, Contrary to popular belief, the reality is that the punishment for a Brahmin criminal was 64 times more than that of a Shudra criminal.), the thing (involved in the offence), the quantity (of that thing), the utility (of that thing), the person, concerning who the offence has been committed (parigrahaḥ), the age ...
Hinduism preaches ahimsa (or ahinsa, non-violence), [9] but also teaches that the soul cannot be killed and death is limited only to the physical body, [70] explaining the difficulty in choosing an exact position on capital punishment. [3] Hinduism's belief that life in this world is more of an illusion greatly decreases the religious impact on ...
The classical texts of Hinduism devote numerous chapters to discussing what people who practice the virtue of ahimsa can and must do when faced with war, violent threat, or the need to sentence someone convicted of a crime. These discussions have led to theories of just war, ideas of reasonable self-defense, and views of proportionate punishment.
Because of the social implication revolving around the importance of the household and the community in the creation and administration of law, Hindu law jurisprudentially subordinated state law to the law of castes and life-stages (varnasramadharma). [3] In this manner, each caste and life-stage was responsible for highly localized occupations.
Capital punishment in India is the highest legal penalty for crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws.. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of ca
By virtue of a Hindu belief that killing of a brahmin (Bramhatya) was a sin, capital punishment was not applicable to them. [111] Upper caste kshatriyas (satkshatriya) were also exempt from capital punishment due to their higher position in the caste system.
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
The substance of Hindu law, was derived by the British colonial officials from Manusmriti, and it became the first Dharmasastra that was translated in 1794. [87] [10] The British colonial officials, for practice, attempted to extract from the Dharmaśāstra, the English categories of law and religion for the purposes of colonial administration.