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Daṇḍa (Hindu Punishment)
Daṇḍa ( sa, दण्ड, literally 'stick', 'staff', or 'rod', an ancient symbol of authority)
pg. 499
is the Hindu term for punishment. In ancient India, punishments were generally sanctioned by the ruler, but other legal officials could also play a part. The punishments that were handed out were in response to criminal activity. In the Hindu law tradition, there is a counterpart to daṇḍa which is prāyaścitta, or wikt:atonement, atonement. Where as daṇḍa is sanctioned primarily by the king, prāyaścitta is taken up by a person upon his or her own volition.Davis, Donald Jr. ''The Spirit of Hindu Law'' Furthermore, daṇḍa provides a way for an offender to right any violations of dharma that he or she may have committed. In essence, daṇḍa functions as the ruler's tool to protect th ...
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Hindu
Hindus (; ) are people who religiously adhere to Hinduism.Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for people living in the Indian subcontinent. The term ''"Hindu"'' traces back to Old Persian which derived these names from the Sanskrit name ''Sindhu'' (सिन्धु ), referring to the river Indus. The Greek cognates of the same terms are "''Indus''" (for the river) and "''India''" (for the land of the river). The term "''Hindu''" also implied a geographic, ethnic or cultural identifier for people living in the Indian subcontinent around or beyond the Sindhu (Indus) River. By the 16th century CE, the term began to refer to residents of the subcontinent who were not Turkic or Muslims. Hindoo is an archaic spelling variant, whose use today is considered derogatory. The historical development of Hindu self-identity within the local In ...
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ācāra
Ācāra ( sa, आचार) is a concept used in the context of Classical Hindu law that refers to the customary laws or community norms of a particular social group. These community norms are delineated and put into practice by people who have earned the respect of those within each individual group, such as a community leader or elder. Although in Dharmaśāstra the ideal person who defines the ācāra of a particular place is dictated as one who knows the Vedas or is “learned”, in actual practice this role is often deferred to group leaders along with Vedic scholars.Davis, Jr. Donald R. Chapter Seven Ācāra is theologically important in Hindu law because it is considered, along with the Vedas (Śruti), and Smriti (traditional texts such as the Dharmaśāstra literature), to be one of the sources of dharma.Davis, Jr. Donald R. Chapter One Particular regional ācāra is believed to be canonized in Dharmaśāstra texts; however scholars differ on the source for the actua ...
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Yājñavalkya Smṛti
The ''Yajnavalkya Smriti'' ( sa, याज्ञवल्क्य स्मृति, IAST: ') is one of the many Dharma-related texts of Hinduism composed in Sanskrit. It is dated between the 3rd to 5th-century CE, and belongs to the Dharmashastra tradition. The text was composed after the Manusmriti, but like it and Naradasmriti, the text was composed in ''shloka'' (poetic meter) style. The legal theories within the ''Yajnavalkya Smriti'' are presented in three books, namely ''achara-kanda'' (customs), ''vyavahara-kanda'' (judicial process) and ''prayascitta-kanda'' (crime and punishment, penance). The text is the "best composed" and systematic specimen of this genre, with large sections on judicial process theories, one which had greater influence in medieval India's judiciary practice than Manusmriti. It later became influential in the studies of legal process in ancient and medieval India, during the colonial British India, with the first translation published in German ...
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Varna (Hinduism)
''Varṇa'' ( sa, वर्ण, varṇa), in the context of Hinduism, refers to a social class within a hierarchical caste system in India, caste system. The ideology is epitomized in texts like ''Manusmriti'', which describes and ranks four varnas, and prescribes their occupations, requirements and duties, or ''Dharma''. *Brahmins: Vedas, Vedic scholars, priests or teachers. *Kshatriyas: Rulers, administrators or warriors. *Vaishyas: Agriculturalists, farmers or merchants. *Shudras: Artisan, Artisans, laborers or servants. Communities which belong to one of the four varnas or classes are called savarna Hindus. The Dalits and tribes, tribals who do not belong to any varna were called avarna. This quadruple division is a form of social stratification, quite different from the more nuanced system ''Jātis'' which correspond to the European term caste system in India, "caste". The varna system is discussed in Hindu texts, and understood as idealised human callings. The concept i ...
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Nārada
Narada ( sa, नारद, ), or Narada Muni, is a sage divinity, famous in Hindu traditions as a travelling musician and storyteller, who carries news and enlightening wisdom. He is one of mind-created children of Brahma, the creator god. He appears in a number of Hindu texts, notably the Mahabharata, regaling Yudhishthira with the story of Prahalada and the Ramayana as well as tales in the Puranas. A common theme in Vaishnavism is the accompaniment of a number of lesser deities such as Narada to offer aid to Vishnu upon his descent to earth to combat the forces of evil, or enjoy a close view of epochal events. He is also referred to as ''Rishiraja'', meaning the king of all sages. He was gifted with the boon of knowledge regarding the past, present, and the future. Hinduism In Indian texts, Narada travels to distant worlds and realms (Sanskrit: ''lokas''). He is depicted carrying a khartal (musical instrument) and the veena, and is generally regarded as one of the great ma ...
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Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is the historical meaning of this word. In common law jurisdictions, assessors are usually non-lawyers who sit together with a judge to provide either expert advice (such as on maritime matters) or guidance on local practices. The use of assessors nowadays is quite rare. In some jurisdictions, such as Fiji, assessors are used in place of juries. An assessor's opinion or view of a case is not binding on a judge. The term "assessor" is also very generally applied to persons appointed to ascertain and fix the value of rates and taxes, and in this sense the word is used in the United States (see Assessor (property)). Civil law jurisdictions In France and in all European countries where the civil law system prevails, the term ''assesseur'' is applied to those assistant judges who, with a president, compose a judicial court. Denmark In Denmark, it was the former title given to Supreme Court judges. Tod ...
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Exile
Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suffer exile, but sometimes social entities like institutions (e.g. the papacy or a government) are forced from their homeland. In Roman law, ''exsilium'' denoted both voluntary exile and banishment as a capital punishment alternative to death. Deportation was forced exile, and entailed the lifelong loss of citizenship and property. Relegation was a milder form of deportation, which preserved the subject's citizenship and property. The term diaspora describes group exile, both voluntary and forced. "Government in exile" describes a government of a country that has relocated and argues its legitimacy from outside that country. Voluntary exile is often depicted as a form of protest by the person who claims it, to avoid persecution and prosecu ...
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Human Branding
Human branding or stigmatizing is the process by which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent. This is performed using a hot or very cold branding iron. It therefore uses the physical techniques of livestock branding on a human, either with consent as a form of body modification; or under coercion, as a punishment or to identify an enslaved, oppressed, or otherwise controlled person. It may also be practiced as a "rite of passage", e.g. within a tribe, or to signify membership of or acceptance into an organization. Etymology The English verb to ''burn'', attested since the 12th century, is a combination of Old Norse ''brenna'' "to burn, light", and two originally distinct Old English verbs: ''bærnan'' "to kindle" (transitive) and ''beornan'' "to be on fire" (intransitive), both from the Proto-Germanic root ''bren(wanan)'', perhaps from a Proto-Indo-European root ' ...
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Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Thomas Babington Macaulay. It came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. After the partition of the British Indian Empire, the Indian Penal Code was inherited by India and Pakistan, where it continues independently as the Pakistan Penal Code. After the independece of Bangladesh from Pakistan, the code continued in force there. The Code was also adopted by the British colonial authorities in Colonial Burma, Ceylon (mo ...
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Karshapana
Karshapana ( sa, कार्षापण, IAST: ''Kārṣāpaṇa''), according to the Ashtadhyayi of Panini, refers to ancient Indian coins current during the 6th century BCE onwards, which were unstamped and stamped (''āhata'') metallic pieces whose validity depended on the integrity of the person authenticating them. It is commonly supposed by scholars that they were first issued by merchants and bankers rather than the state. They contributed to the development of trade since they obviated the need for weighing of metal during exchange. ''Kārṣāpaṇas'' were basically silver pieces stamped with one to five or six ''rūpas'' ('symbols') originally only on the obverse side of the coins initially issued by the Janapadas and Mahajanapadas, and generally carried minute mark or marks to testify their legitimacy. Silver punch-marked coins ceased to be minted sometime in the second century BCE but exerted a wide influence for next five centuries. Etymology The punch-marked co ...
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Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ...
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