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Report No. 77

3.19. Compensation to victim.-

It is one of the justified complaints against the modem penal law that in criminal proceedings the injured party is generally neglected. In ancient Hindu Law the law-givers were fully aware of the necessity of directly compensating the victim of the crime. Thus, Manu says:1

"If a limb is injured, a sound (is caused) or blood (flows), the assailant shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king)."

Manu adds-

"He who damages the goods of another, be it intentionally or unintentionally shall give satisfaction to the (owner) and pay to the king a fine equal to the (damage)".

It would appear that on the basis of the injunctions contained in the texts, one could construct an entire code of criminal law.

1. Manu, VIII, 287, 288, Vol. 25, Sacred Books of the East, p. 393.

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