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Abstract

UNDERSTANDING THE NATURE AND VARIETIES OF PUNISHMENT IN ANCIENT LEGAL SYSTEM

Dr. Akanksha* Dr. Munna Lal Prajapati and Dr. Rajveer Sason

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Abstract

In India, the concept of punishments has been prescribed and enshrined in ancient mythological texts and artefacts like the Mahabharat, Vishnu Puran, Ramayana, and Durga Saptshti, as well as in legal codes and law books of the modern era like the Constitution of India, the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and the Bhartiya Nyaya Sanhita Bill, 2023. With the advent of time and progress in society, the relevance and application of theories of punishment have evolved considerably. Punishment, or Danda, in ancient Bharat, was usually sanctioned by the king with a bench of ministers and legal officials in the backend. It was the duty of the king to protect his people and punish those who violated the dharma, or rule of law. The duties of the king are discussed in the Manava- Dharamasastra, also known as the Manusmriti or Code of Manu, which also provides for types of punishments. It introduced criminal jurisprudence in the country and a comprehensive code of ordinances related to law and order.

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