Crime and Punishment in Jaina Literature
Summary
The article examines concepts of crime and retribution in early Jaina texts. In the primordial ages overseen by kulakaras, transgressions were addressed through simple exclamations of censure, reflecting a society with little wickedness. As moral decline progressed, punishments became more formalised. The first Tirthankara, Risabha, introduced restraint penalties such as paribbasanam and mandalabandham, confining offenders to specific areas, and Bharata later instituted imprisonment and corporal punishments. Drawing on narratives from Jain canonical literature, the author describes cases of theft and burglary to illustrate investigative procedures and the emphasis on restitution. The paper highlights the Jain commitment to non‑violence: although severe penalties occur in stories, they are framed as last resorts to protect social order. The article contrasts Jain penal codes with Brahmanical dharmaśāstras, noting their relative leniency and ethical orientation, and concludes that Jaina literature reveals an advanced legal consciousness balancing social control with ahimsa.
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Conclusion
Through narrative and legal analysis, the study shows that Jaina traditions articulated sophisticated principles of justice that emphasised non‑violence while maintaining order, offering a distinctive approach to crime and punishment in ancient India.