Exemption for punishment under hindu period

Exemption for punishment under hindu period

by Mahmud Bappy -
Number of replies: 0

According to Hindu law, punishment is a means of enforcing justice and maintaining social order. Punishment is based on the principle of *dharma*, which is the moral duty of every individual. Punishment is also influenced by the concept of *karma*, which is the law of cause and effect. Punishment is not only a deterrent, but also a corrective and reformative measure¹.

There are some situations where a person may be exempted from punishment under Hindu law. These are:

- **Ignorance of law**: If a person commits an offence without knowing the law, he may be excused from punishment. However, this is not applicable to grave offences, such as murder, rape, theft, etc. Ignorance of law is no excuse for such crimes.
- **Involuntary act**: If a person commits an offence without his free will or consent, he may be exempted from punishment. For example, if a person is coerced, threatened, or hypnotized to commit a crime, he is not liable for punishment.
- **Self-defence**: If a person commits an offence in order to protect himself or his property from an imminent danger, he may be exempted from punishment. However, the act of self-defence must be proportionate to the threat and must not exceed the limits of necessity.
- **Accident**: If a person commits an offence without any intention or negligence, he may be exempted from punishment. For example, if a person accidentally kills another person while hunting, he is not liable for punishment.
- **Insanity**: If a person commits an offence while suffering from a mental disorder or defect, he may be exempted from punishment. However, the insanity must be proved by medical evidence and must affect the person's ability to understand the nature and consequences of his act.
- **Infancy**: If a person commits an offence while he is below the age of discretion, he may be exempted from punishment. The age of discretion varies according to different sources of Hindu law, but it is generally considered to be between 7 and 12 years.
- **Condonation**: If a person commits an offence and the victim or the aggrieved party forgives him, he may be exempted from punishment. However, this is not applicable to offences against the state or the public interest.