136

CHAPTER-IV

TRIAL AND PUNISHMENT

Judiciary plays a vital role in conducting trials and giving punishments to the

criminals. Society without criminals is rare indeed. The State of Travancore was not

an exception to litigations. Generally, litigations were due to minute sub divisions of

land, the intricate tenure system, the peculiar laws of succession and inheritance, rigid

caste regulations, religious disputes, social injustice, assaults, forgeries and fraud.'

The Society in Travancore was divided into Hindus and non-Hindus based on

the caste and religious distinctions. Records revealed that nearly 1050 castes existed

in Travancore. 2 The privileged high castes imposed various restrictions on the low

castes. They were prohibited from using the public wells, ponds, tanks and public

roads. Temple entry was strictly prohibited to them. These restrictions led to

disputes in the society. The low castes were given severe punishments even for small

crimes. Brahmins who interpreted the law, administered justice in favour of the high

caste. Even if a high caste man committed an offence he was exempted from

punishment. 4 In brief, judiciary in Travancore functioned against the interests of the

low castes.

Further, due to the Marumakkalthayam system of inheritance that existed in

Travancore till the middle of the 20 th century, property right was vested with the

sister's family and this led to joint family system. The eldest member of the family or

Samuel Mateer., The Land of Charity, New Delhi, 1991, p.73.

2 Nagam Aiya, V., Travancore State Manual Vol-11, Delhi, 1989, p.245.

Temple entry: In Travancore the low caste people were prohibited from entering into temples.Struggle against it was started by the Nadars and the Elzhavas. The temple entry struggle wasconsidered as a fight against untouchability.

4 Samuel Mateer.. Native Life in Travancore, Delhi, 1989, p.342.

137

the Karanavan dealt with the affairs of the tarawad or joint family. The domination of

the Karanavan in due course led to disputes among the members of the family.5

Till the Residency of Col. Munro in 1810, the Naduvazhi with the help of

learned Brahmins and elders of the village tried grave crimes. The trials were

generally held at mandapam or platform. For the convenience of trial, the crimes

were classified into major and minor according to their nature. Death punishment was

given to those involved in major crimes like swamidroham, brahmahanta, matrhanta,

manushyahanta. gohanta and kshetra sthena. Corporal punishment was given to those

involved in counterfeiting currency, adultery, bribery, theft and rape. 6 Minor or lesser

crimes like tampering with government records, perjury, pick pocketing, abetment,

cheating, producing false information, fabricating false evidence, culpable homicide,

voluntarily causing hurt, assault, wrongful restraint, kidnapping, misappropriation and

criminal breach of trust were also common in Travancore.7

Trail by Ordeal

The traditional courts which functioned in Travancore adopted various

methods to try the offenders. One among them was trial by ordeal. It was resorted to

mostly in criminal cases and seldom in civil cases. Trial by ordeal was adopted when

the accused denied his crime continuously. 8 The ordeal was also held to prove the

Sreedhara Menon. A., op.cit., pp 88-9 1.

6 Padrnanabha Menon, K.P., History of Kerala Vol. II, Ernakulam, 1929, PP. 288-289.Swamidroham One who was involved in the insurrection against the king.Brahma hanta : One who killed a BrahminMatrhanta : One who was involved in the murder of his father or paternal uncle or any

other relative.Manushya hanta: were murderers in general.Gohanta : means one who killed cow which was so sacred for the Hindus.Kshetra Sthena : One who stole the property of a temple or place of religious worship.

Shungoonny Menon P., op.cit., P.301.

8 Krishna Aiyar, K.V., cit..P.343.

138

innocence of the accused, who was charged with involvement in sexual offence,

murder and theft. The ordeals were not applied to all sections. They were held based

on their caste distinction. The Brahmins were tried by the ordeal by balance whereas

Kshatriyas by fire, the Vaishyas by water and the Sudras by poison. But those who

were below the status of Nairs were subjected to trials by ordeal. 9 Generally, ordeals

were held in front of King's palace, in a temple or in the public market. Ordeal for

the accused involved in heinous crimes was held in the premises of a temple and the

person accused of treason were held in front of the king's palace. Persons born of

high caste mother and low caste father were tried in the public market. Ordeals

proved that causes or motives for murder were jealousy, sex, property dispute and

money dispute. Implements used for perpetration of crimes were knife, chopper,

dagger, axe, pestle, plank, hammer and the methods were strangulation and

drowning.'°

Water Ordeal

Different methods of water ordeal were followed for the trial of murder cases.

Among them the most popular one was that, the accused was forced to collect three

vessels of water, used for washing the deity and directed him to drink it for fourteen

days continuously. If he was not affected by any sickness, he was considered

innocent. But if he was affected by any sickness or internal pain, he was proved

guilty and proper punishment was given to him." In the later half of the 17 th century,

a different form of water ordeal was followed at Kodunganallur. In this ordeal, the

accused was compelled to swim across the river infested with crocodiles from the

Ibid., P.258.

'° T.A.R., 1938-1939, Trivandrum, 1940, P.195.

Padmanabha Menon, K.P., op.cit., p.260.

139

temple of Trkkatakka Palli situated on the western bank of the back water to the south

of Pallipuram or Paliport, a distance of about half-a-mile. If he returned safe, he was

considered innocent. If the crocodiles devoured him on his way, he was proved

guilty. 12

Another kind of water ordeal was that the images of God of Justice in silver,

iron and clay were put in water. Then the accused was directed to take one image

from the water. If he picked up the silver image he was adjudged innocent. 13 On the

other hand, if he picked up iron or clay image, he was considered as guilty.

An interesting water ordeal was that both the defendant and the plaintiff were

directed to remain under the water holding fast stakes. Those who remained in water

for longer time were considered innocent. But in once instances, both the defendant

and the plaintiff were drowned, and so the case was not settled. Hence, this method

of trial was dropped in course of time. 14 Water ordeal adopted to find out the theft

was that the names of the inmates of the house from where the article was stolen were

written on slips of paper and enclosed in a ball of wax and thrown into a vessel with

full of water. It was believed that the ball containing the name of the guilty float on

the surface.'5

Fire Ordeal

Barbosa, a Portuguese missionary in his account mentioned about fire ordeal.

As per that, a Moorish culprit was directed to place a red hot axe in his tongue for

12 Krishna Aiyar, K y., op.cit, p.343

Padmanabha Menon, K.P., Qpcjt., p.261

14 Krishna Aiyar, K.V., op.cit.. p-1 23.

15 Raja, P.K.S., op.cit., p.288.

140

criminal offence. 16 On July 30, 1749, aNair was suspected of stealing gold, based on

the false evidence of a Moore man. To find out the truth, both of them were directed

to take the ring placed in the boiling ghee. Their hands were sealed and opened after

three days. As there was no mark like a burn, they were released from the charge.

This system was very popular and effective and it was also adopted among the higher

castes including the Brahmins ' 7 . This system was popular among Mappila Tiyans and

others. They were forced to handle or lick a red hot iron or poured molten lead in

their palm. ' 8 Iron or lead ordeal was usually held at Paliyat Achchan temple at

Azhikal.'9

Ghee Ordeal

The ghee ordeal was followed to prove adultery. It was popularly known as

satya pariksha in Malayalam and kaimukku in Tamil. Kaimukku literally means

dipping of the hand in boiled ghee. 20 The palm leaf records indicated that Kaimukku

ordeal was conducted for the violation of sexual morality. It showed the importance

given to feminine chastity. It was adopted mainly to determine the guilt of the

accused. 2 ' If the suspected persons were Nambudiris, the ordeal was held in the

temple at Suchindram near Cape Comorin in South Travancore, for others the ordeal

was held in a temple at Karthigapalli. 22 The adulteress was set apart from the family

and the partner involved in crime was given an opportunity to prove the innocence by

16 Archaeological Department Administration Report 1928, Trivandrum, 1929, p.12.

17 Tellicherry Factory Records 1454, Vol. No. 18, 30 July 1749.

limes, C.A., op.cit., PP.363 —364.

19 Achyutha Menon, C., Cochin State Manual, Ernakulam, 1905, P.339.

20 Sreedhara Menon, A., op.cit., p.273.

21 Pillay, K.K., The Sucindram Temple, Madras, 1953, P.305.

22 Ramchandran. P., "The Ghee Ordeal and Its Prohibition in Travancore". Journal of Kerala studiesVol. II, Trivandrum, September 1975, p.367.

141

putting the finger in the boiling ghee. The Sukasandesa of Lakhsmidasa evidence

reveals that this ordeal was introduced in the 13th century23 . The Kaimukku records of

Tekkuman Mathen Potti and Vattapalli Sthanikar reveal the date, trial and result of the

ordeal conducted there. After dipping the fingers in the ghee, the hand was tied with a

cloth. On the third day, the cloth was removed from the hand and if the hand had no

wound or blister he was declared innocent. On the other hand if the hand had blister,

his guilt was confirmed. The punishment for this was that the accused was declared as

an outcaste. 24 Out of the eight incidents mentioned in the palm leaves in Sucindram

Temple, three were proved innocent. The last of such trial took place in 1844 in which

two Namboodris were set free. But in 1844, Maharaja Swati Thirunal abolished this

system on the ground that it was outdated, unscientific and cruel.25

Ordeal of Poison

Giving poison to the culprit was another kind of ordeal. There were two kinds

of poison ordeals. In one form, the Brahmins used to chant mantras and mixed three

barley corns of a poisonous root or white arsenic along with ghee. The accused was

compelled to eat it. If it did not affect him he was proved innocent. Otherwise, he

was declared guilty. 26 The second form of such ordeal was that a cobra or any other

venomous snake was placed in an earthern pot and the accused was asked to put his

hand inside. If he was bitten, he was considered guilty. Otherwise he was proved

innocent. 27

23 Sreedhara Menon, A., pçjt., P.273.

24 Pillay, K.K., op.cit.. P.319.

25 Sreedhara Menon, A., op.cit., P.321.

26 Padmanabha Menon, K.P., op.cit., P.266.

27 Administration Report of the Department of Archeology, 1930, Trivandrum, 1934, p.13.

142

Ordeal by balance

It was an ordeal for the Namboodiri to prove his innocence. The weighing

apparatus for this purpose was decorated with garlands. On one scale of the apparatus

the clay from the temple tank was put and on the other scale the Namboodiri was

made to sit. As per this ordeal if the scale in which the Namboodiri sat, went up he

was considered innocent. On the other hand if the scale went down, he was adjudged

guilty. 28 Ordeal of this kind was conducted in the Siva temple at Calicut even in

1880. Tao Bahadur 0. Charidu Menon, the famous Malayalam Novelist, witnessed

this ordeal.

The Hindu law followed in Travancore was known as Vyavahara Malaka.29

Justice was administered according to this Hindu law. The judgment based on this

was extravagant and cruel. Even then, this system was followed till the middle of 19th

century. R) But, due to the spread of Western education and work of Christian

Missionaries, awareness was created among the people. As a result, the trial by

ordeal system was replaced by examination of witnesses, conduct of enquiry and

evidences. With the adoption of the new system, the traditional system of ordeal

vanished.

Examination of witnesses

The method of examining the witness in certain cases existed in Travancore,

Section 11 of Sattavariola of 1811, provided that all sentences passed in the court

must be according to the available documents or evidences. After holding

28 Ibid., 1928, P.30.

29 Vyavahara Malaka: It consisted of rules for trial of suits and criminal cases. It was compiled by aNambudri Scholar Mahesa Mangalam who lived in Cochin about 1496 A.D.

30 Walter Hamilton., East India Gazetteers, India, 1828, P.672.

143

preliminary investigation, the court fixed a day for the final hearing of the case. For

this purpose, the Court issued summons to the witnesses. In all cases, the witnesses

were examined after taking oath in the presence of the defendants. In all cases,

whether civil or criminal, the nature of the crime, the evidence, the names of

witnesses and documents produced were considered.3'

In the court certain procedures were adopted during trial. As soon as the judge

came to the court it was his duty to call and ascertain the number of witnesses. Then

he ordered for the examination of witnesses. 32 The Magistrate recorded statement of

the accused. The evidence of the witness was also recorded in the presence of the

accused. The witness was cross examined and re-examined. 33 The accused was

permitted to give a list of persons to give evidence during his trial.

The list of witness was filed not less than ten days before the date of trial. The

amount of batta per mileage to each witness was calculated according to the existing

government norms 34 . At the time of trial, the statutory provisions were strictly

adhered to. In producing oral evidence the plaintiff gave his evidence. At the time of

oath, the witness was directed to take his religious book in his hand and to repeat the

words, "I swear upon the ......................I hold in my hand that the evidence which

I shall give touching the matter now before the court shall be the truth, the whole

truth, and nothing but the truth. So help me God". Witnesses who have religious

scruples to making an oath could be solemnly affirmed. "I solemnly affirm in the

presence of Almighty God that what I shall state shall be the truth, the whole truth and

Shungoony Menon, P., op.cit., P.374.

32 Civil Circular No. 1, High Court of Travancore, 1941.

Criminal Procedure Code of Travancore, Chapter XXIII, Section 269-272, 1892.

Civil Courts Guide, Vol. 11, Trivandrum, 1944, p.32.

144

nothing but the truth". If the witness objected to making solerrm affirmation or was a

child the following affirmation was made. "I affirm that what I shall state shall be the

truth, the whole truth and nothing but the truth" 3

Batta

The practice of giving letter is too existed in Travancore. On June 1, 1894

Maharaja Sri Mulam Thirunal sanctioned rules for the payment of 'batta' and

travelling allowance to complainants and witnesses in criminal cases. The High Court

also accepted it. Accordingly, witnesses were divided into first, second and third

classes and travelling Allowance was paid to them. The first class witnesses were

paid at the rate of 3'/2 fanams and 3'/2 chuckrams. For the second class witnesses the

T.A was paid at the rate of l/4 fanarns and 3¼ chuckrams and the third class

witnesses were paid at the rate of one fanam and ¼ chuckrams 36 . The court

determined the distance and the number of days for which batta was to be paid for the

journey. Persons residing within six miles of the court were able to go to the court

and return home the same day. So they were entitled to get one day subsistence.

Witness residing within three miles radius from the court were entitled to get no

mileage allowance. Mileage allowance was given to only those who were unable to

walk. A witness was expected to travel not less than fifteen miles a day37.

Affidavits

An affidavit was a proof. If the parties agreed, even evidence of witnesses

was prosecuted in the form of affidavits. The affidavit was a very convenient form of

proof and its use was sanctioned by Rule 2 of order XIX of Schedule I of Civil

Ibid., p. 37.

36 T.L.R., Vol. XII, Trivandrum, 1947, p.17.

Criminal Circular No.3, High Court of Travancore, 1904.

145

Procedure Code of 192538. The Court had the power to present the deponent for cross

examination. Moreover, the court had the power to order any point proved by

affidavits. Affidavits intended for use in judicial proceedings were sworn before any

Magistrate or Judge of a Village Panchayat Court or Registrar, Deputy Registrar or

Manager of the High Court. Sheristadar of District courts, Head Clerks of District and

Munsiff Courts or Sub Registrar or Tahsildar or members of Travancore Legislative

Council or Sri Mulam Popular Assembly members, members or presidents of

Municipal councils or persons residing in Travancore upon whom any title had been

conferred by the British Government, retired officer of Government drawing a

pension of Rs.50/- per month 39

Trial and enquiries

When the accused appeared in the court, the trial was held. If the offence was

not proved, the accused was set free. From the extract of Circuit Judges Report of

inspection of Shencotta Magistrate court on May 12, 1885, it was understood that

there were seven cases pending on the file. The offender in one of the cases was a

poor hill man. He was accused of robbing sticks from the unreserved government

forest. The offence was not proved when the trial was conducted. Hence, he was set

free the next day.40

Examination of complaints on oath

Examination of complaints with an oath was a part of court procedure. The

notes prepared at the time of examination were incorporated with the records. It was

not recorded by the magistrate but by their subordinates. The Criminal Circular of

38 Civil Procedure Code of Travancore, Section. XIX, 1925.

T.G.G., Vol. LXVIII, No.26, Trivandrum, February 1931, p.107.

40 Bhaskara Nair.K.. Criminal Circular and Rules of Practice. Trivandrum, 1948, PP.44-45.

ER

1923 provided that, if the Magistrate received a complaint it was examined

immediately and filed. 41 Only after the examination, it was referred to the police for

investigation. Magistrates used to record the reasons for distrusting the complaint

before referring for investigation. 42 A Police officer was not allowed to examine the

witnesses. 43 The vakils were authorized to examine the witnesses. Medical witnesses

were also treated as evidence. 44

Evidence

Evidence means statements which the court permitted or required to be made

by witnesses in relations to matter under enquiry. Such statements were called oral

evidence. 45 All documents produced for the inspection of the courts were called

documentary evidence. 46 A witness who was unable to speak gave his evidence in the

form of signs in open court. This evidence was also considered oral evidence. The

judges in order to get or obtain proper proof of the relevant facts used to ask questions

in any form at any time. 47 The High Court directed all Judges and Munsiffs to read

out the depositions of the witnesses and the presiding judge signed them after due

corrections 48

When trials of cases were adjourned, fresh summons were issued to the

witnesses on the day to which the trial was adjourned. For the sake of convenience,

41 Criminal Circular No.3, High Court of Travancore, 1923.

42 Ibid., No. 12, High Court of Travancore, 1885.

43 Ibid., No. 21, High Court of Travancore, 1884.

44 Bhaskaran Nair. K., op.cit., PP.53-55.

Acts and Proclamation of Travancore, Vol. XIII, Part-I, 1941-1942, Trivandrum, 1945, P.164

46 Retanlal Ranchhoddas, Dhirajlah Keshal Lal., The Law of Evidence, Bombay, 1963, P.7.

Acts and Proclamation of Travancore. Vol. XIII, Part-I, 1941-1942, Trivandrum, 1945, P.222.

Civil Circular No. 15, High Court of Travancore, 1884.

147

the summons were served at once in the court on the date of adjournment. For this, an

endorsement was made in the original summons. 49 The High Court directed that

except in cases where the prisoner admitted in the previous conviction, evidence was

taken to prove the prisoner's identity .50 To get oral evidence, the plaintiff was

examined first. Only after the cross examination and re-examination, other witnesses

were asked to give their evidence. Normally, oral evidence of the defendants and

others were taken only after this. 51

While investigating cases, eye witness was given due importance. Hence, the

police manipulated eye witnesses even when there was none. Hence, the courts never

arrived at a definite conclusion that whether the eye witness was telling the truth or

not. In this context, the circumstances under which a case had taken place were given

more importance. As circumstantial evidence were more reliable, the Inspector

General of Police suggested the government to issue instructions to the Magistrates to

give due consideration to circumstantial evidence. But, the Chief Secretary replied

that it was not desirable to interfere with the judicial decisions of the Magistrates. 52

Punishment

After trial, the offenders were punished according to the magnitude and nature

of the crime. 53 The aim of giving punishment was not to wreak vengeance. The

intention behind it was to give protection to the society from criminals. 54 There were

Ibid., No. 2, High Court of Travancore, 1881.

° Criminal Circular No. 4, High Court of Travancore, 1920.

' Travancore Law Time Vol. XVI 1941, Trivandrum, 1942, PP.37-39.

52 Confidential Section File D.Dis. No. 114, 1941.

Desayar. M., op.cit.. p. 62.

Anop Chand Kapur., Principles of Political Science (lind edition), Delhi, 1969, P.499.

148

three forms of punishments. First one was the old Mosaic idea of eye for an eye, tooth

for tooth. It was hard and cruel. The second was deterrent in nature. The intention

behind it was not to repeat the crime again. The third was reformatory in character.

Punishment was given as far as possible to correct and to prevent the crime. 55

Punishment on Debtors

In Travancore a peculiar method of punishment was given to debtors and

criminals during 18th and 19th centuries. The Government or Chief of the district

confirmed the punishment. The method of collecting money from the debtor was that,

the defaulter was taken by the chief of the district and placed him within a circle

drawn around him. A sharp stone was placed on his head and if the defaulter still

persisted in non-payment, the Chief placed another sharp stone and tied the two stones

firmly. Additional weights were placed again and again, till he accepted to pay the

amount. As the weights of the sharp stones penetrated into the head of the defaulter,

he had either to make the payment or to suffer in pain. 56

Defaulters of payment of tax were also punished severely. They were made to

stand in the hot sun for hours with huge stone on their back and finally were put in

prison. Once, in Thamaraikulam village in South Travancore, eighteen families were

asked to pay tax for a year in one instalement. The people expressed their inability to

pay in one instalment. Therefore the head of the village punished them severely by

putting red hot iron in their ears. 57 Corruption and bribery were serious crimes.

Public servants, involved in these crimes were punished severely. Temple servants,

Proceedings of Sri Chithra State Council, Vol. XVIII, No. I, 9 th session of Trivandrum, July, 1941,P.294.

Forbes., Oriental Memoirs, Vol. 1, (2 w' edition) London, 1834, P.253.

Agur. C.M., Church History of Travancore, Madras, 1903, PP.585-586.

149

appointed as accountants were expected to discharge their duties without any

corruption and to keep correct account. If they were involved in corruption, severe

punishments were given to them. For instance, during the reign of Maharaja

Balarama Varma (1798-1810) the accountants of Suchindrum temple maintained false

accounts and swindled money. The government viewed it seriously and the then

Dalawa Velu Tampi punished them severely. The temple accountants were directed

to sit on wooden planks by placing their palms on the thigh and a nail of two feet was

pierced through the palm. Moreover, two statues of this kind were made and kept in

the northern entrance of the temple at Suchindrum as a warning to the people. 58

Mutilation

Mutilation of limbs was another kind of punishment that was meted out to

criminals in ancient Travancore. 59 One of the post Sangam literatures, Naladiyar

mentions that one who trespassed into another's dwelling house with the intention of

committing adultery, had his legs cut off. 60 A thief arrested with stolen property was

beheaded. 6 ' In 1799, Velu Tampi Dalawa demanded arrears of taxes from a Christian

Mattu Tarakan. He expressed his inability to pay the large sum of money. So he was

punished by cutting off his ears. 62

For certain kinds of offences, the offender was imprisoned in a tiger cage and

exposed to public gaze and ridiculed. 63 For cheating a lover, severe punishment was

Dinamalar (Tamil Daily), dated 09.04.2004.

Nagam Aiya. V., op.cit., P.545.

60 Naladiyar, Verse 82.

61 Silappadhikaram, Chapter XXII, Lines 64, 65.

62 Yesudhas R.N., "Travancore Rebellion of 1809-Its Anti-Christian Origin", Journal of Kerala studiesVol. 1, July 1973, Trivandrum, P.99.

63 Komattil Achyutha Menon, op.cit., p. 278.

given. The village assembly at Kailvur. punished such person by tying him on a tree

and lime water was poured on his head.64

People converted to Christianity faced many hardships and punishments. In

1752, Devasahayam Pillai 65 a convert to Christianity was taken on a buffalo from

village to village. On the way, he was beaten with strips and pepper was rubbed in his

wounds. He was exposed to the sun and was given stagnated water to drink. 66 In

1829, the Christian converts at Padmanabhapuram were chained and their legs were

swollen by the irons. Resident Morrison told the Zillah court to chain the prisoners

separately. After the trial, they were sent to Quilon where they were forced to carry

sand which was a penal servitude. 67

Exile

Exile was another kind of punishment. It was a common punishment for those

who were disloyal to the government. Those who were involved in such activities

were exiled to Pulopino an island near the coast of Burma or other equally far off

places. In later days, it was meted out to robbery and anti-social elements also. For

the easy identification of exiled criminals, they had "tattoo" marked on their

foreheads. It helped to identify them when they escaped from captivity. Sometimes a

rebel was sent to thick forests or mountains of Malabar with strict orders of not to

return. A criminal sent to the forests was known as Kattu Nair or a Nair of the

64 Purananuru Verse 343, 1970, P.208.

65 Deva Sahayam Pillai: His original name was Nila Kanta Pillai. He was a Hindu Nair born on May10, 1712 at Nattalam, a small village in South Travancore. He was converted to Christianity byCaptain Delannoy in 1745 and was named as Deva Sahayam Pillai. His Hindu friends got angry andat the orders of the Maharaja he was imprisoned, tortured and finally shot dead at Kattadimalai nearAralvaimozhi. (Savari Muthu Pillai, Deva Sahayam Pillai, Sikamani Malai, Sacred Heart CollegeArchives, Shenbaganoor)

66 Yesudas, R.N., Peoples Revolt in Travancore, Trivandrum, 1978, p. 47.

Agur, C.M., Church History of Travancore, Delhi, 1990, PP.847-848.

151

forest. 68 The aim of branding was to humiliate the offender by attaching some marks

on the body. There are evidences to show that during the reign of King Martanda

Varma branding was in existence. Inscription of a special letter or sign on the

forehead, or hands using the juice of some herbs was the method of branding.

Tatooing on the forehead the figure of a dog was the punishment meted out to four

Brahmins who were proved guilty of conspiring against the king. 6' The Mathilakam

Records furnished details of branding fourteen Brahmins for the offence of eating

non-vegetarian items. The mark of dog was branded on their forehead and they were

transported to Thovala. During the reign of Sri Mulam Thirunal (1885-1924)

Swadeshabhimani Ramakrislma Pillai was transported beyond Shenkotta for the

charge of treason and his printing press was confiscated by the government. 70

Women were also not exempted from transportation. One Varkala Lakshmi Amma

and Armamma were transported to Thovala for the charge of theft.7'

Forfeiture of Property

The traitors and sinners of the king, the temple and Village assemblies were

punished severely. The properties of the traitors were confiscated by the government.

A record of Rejendran Chola III from Thiruvidai Marudur registers an order of the

king to confiscate the lands belonging to some persons who were proved traitors to

the king. (raja droham). More over, lands of such persons were not only sold in

public auction but they were dispossessed of their holdings. For crime against

Sivadroham, the offenders lands were confiscated to the temple, his house was

68 Komathil Achyutha Menon. C., op.cit, P.278.

69 Christal. J. Jai., "Crime and Punishment", Journal of Indian Histor y, Vol. LXXX-LXXX1,2000-2002, p. 109.

70 Mathilakam Records, Vol. 16, Churna No. 2045, Ola No. 184.

71 Ibid., Vol. 61, Churna No. 1811, Ola No. 508.

152

demolished he was punished with exile. 72 Similarly in Travancore, after the death of

Velu Tampi Dalawa in 1809 his house was razed to the ground and all his relatives

were exiled to the Maldives. Many of his relatives were hanged as he was considered

as a traitor to the British Government. 73 Whenever any person was convicted of an

offence punishable with death the court adjudged all his moveable and immoveable

property and forfeited it to the government. Whenever any person was convicted of

any offence for imprisonment for a term of seven years or more, the court adjudged

the rents and incomes of all his movable and immovable properties during the period

of his imprisonment.74

Punishment of Death

Punishment of death was reserved for severe cases like acts of violence or

protest against rulers or Naduvazhi or Chieftains. 75 Capital punishment was awarded

for counterfeiting currency, theft, murder, treason and harassment of women. As

killing of cow was a severe offence, capital punishment was also given for it76.

Kurunthogai, a Sangam literature informs us that Nanrian, the Chieftain of Ezhimala

inflicted capital punishment on a girl who had eaten a mango which came floating

along the water while she was taking bath. The plea of her relatives to offer a gold

image equivalent to her weight along with nine elephants for her release was rejected.

This shows that even for minor offences capital punishment was inflicted77.

72 Desayar. M., op.cit., p. 63.

Sreedhara Menon. A., op.cit., p. 194.

Travancore Penal Code 1898-1899, Section 62.

Komathil Achyutha Menon. C., op.cit., P.278.

76 Sreedhara Menon, A., op.cit., P.321.

Kuruntogai verse, 292.

153

Ibn Batuta, the Moorish traveller who visited India between 1333-1345

mentioned that the Hindus in Travancore were put to death, even for stealing a nut.

When a fruit dropped on the ground, no body had the right to pick it up except the

owner. In one instance a Hindu passed by the road picked up a nut without the

knowledge of the owner. As it was considered a crime, the governor ordered a stake

to be driven into the ground and its upper end to be cut and fixed on a wooden plank

in such a way that a portion of it showed up above the plank. The culprit was placed

on it and fixed the stake so as to enter his abdomen. He was left in this posture to

serve as a warning to the spectators. 78 Impaling alive was also known. In June 1795,

by the orders of Palassi Raja 79 two Mappilas were put to death for alleged robbery in a

Nair's house at Venkal in Kottayam taluk. 8° For robbery and writing false accounts,

the offenders were torn under the feet of an elephant. In 1802, when Krishna Pillai, a

Sepoy took part in a mutiny against the government, he was caught red handed and

death punishment was given to him by the order of Velu Thampi, the then Dalawa of

Travancore. He was torn to pieces by an elephant. 81

Watts, the Dewan of Travancore (1925-1929) pointed out that the State

interfered in the administration of justice, Death punishments or life sentences given

by the Travancore High Court in criminal cases were sent to the political agent

through the Dewan before they were submitted to the Maharaja for approval. This

practice was in force when there were no regular courts of judicature. According to

the existing law, the agent had no authority to intervene in the internal administration

78 Nilakanta Sastri. K.A. (Ed.)., Foreign Notices of South India from Megasthanes to Ma Huan,Madras, 1972, P.236.

Palassi Raja: His original name was Kerala Varma Palassi Raja. He ruled over Kottayam.

° William Logan., op.cit.. P.174.

ST Yesudas, R.N., op.cit., P.46.

154

of the State. In this respect, the Government of Travancore also felt that the

interference of the British Resident was unnecessary in the affairs of the High Court. 82

The High Court was the final dispenser of justice in the State. 83

When any prisoner was sentenced to death or life imprisonment by a Court of

Session, the sentence was not executed unless it was confirmed, and approved by the

High Court. When it was confirmed, the Court of Session issued warrant to the

superintendent of Jail in which the prisoner was confined. At the time of execution, a

Magistrate, Medical Officer and the Superintendent of Jail were generally present. 84

In 1893, the High Court of Travancore issued certain instructions for the guidance of

Session and other officers concerned regarding the execution of death sentence. 85 The

person hanged was fed before he left the jail. There was no procession with drum for

taking the prisoner to the gallows. The executioner and his assistants waited at the

gallows for the arrival of the prisoner. The prisoner was not garlanded. As regards

the rope for hanging, the durability of the rope was tested by the executioner. 8' Till

1903, the executions were held in public in mofussil stations. Thereafter, this was

abolished and all executions were carried out in the premises of the Central jail in

Trivandrum. 87 Every year atleast five to ten offenders were sentenced to death

punishment. In 1941, eleven persons were given death sentence. 88 There was a

82 Menon, P.K.K., History of Freedom Movement in Kerala, 1858-1938, Vol. II, Trivandrum, 1972,P.152.

83 Sreedhar. K.P., op.cit., p. 46.

The Travancore Prison Regulation 1895, PP. 184-188.

85 Rama Alyar S., & John. M.G., Criminal Law and Procedure (Travancore) Vol. 1, Trivandrum, 1927,P.88.

Criminal Circular No. 12 High Court of Travancore, 1899.

87 T.A.R., 1903-1904, Trivandrum, 1905, P.14.

18 T.A.R., 1941-1942, Trivandrum, 1943, P.67.

155

discussion in Sri Chitra State Council on July 21, 1941 regarding the abolition of

capital punishment. One of the members of the council Mr.Kuruvilla informed that

the cells in central prison for condemned prisoners were enough to hold them as their

number was large. This was either due to the increase of criminals or to the strictness

of judges. He suggested that, as most of the American States abolished capital

punishment, Travancore also should come forward it abolish it. If the state was not in

a position to abolish it, he suggested introducing electrocution. 89 As the system was

outdated and barbarous, Maharaja Sri. Chithra Tirunal decided to abolish capital

punishment. 90 In this respect, Travancore created history on

November 11, 1944, when the Maharaja Sri Chithra Thirunal introduced an epoch -

making and revolutionary reform in the administration of justice by abolishing capital

punishment. Travancore was the first state in India and in the whole of Asia to have

abolished capital punishment. 9 ' With this His Highness, the Maharaja of Travancore

proclaimed to the world that in an age of progress, revolutionary strides in the fields

of sociology and medicine, death penalty was an anachronism. Thus, the penalty of

death in Travancore except for certain offences against the state was abolished. The

proclamation of November 11, 1944, came into effect since then. 92 Hence, three

persons who were sentenced to death punishment in 1944 were converted into

rigorous imprisonment for life.93

89 Proceedings of Sri Chithra State Council Vol. XVIII, 9 th Session, 21.7.1941, Trivandrum, 1941,PP.289-90.

90 Travancore Information Listener, Vol. V, No.6, February 1948, Government of Travancore, P.6.

"Shastiabhapurthi" Souvenir of Sree Chitra Thirunal Maharaja of Travancore, 1972, V Chapter.

92 T.A.R., 1944-1945, Trivandrum, 1946, P.55.

T.A.R., 1945-1946, Trivandrum, 1947, P.61.

156

Imprisonment

The purpose of imprisonment was to direct the offenders to lead a good and

useful life. In 1811, Col. Munro in the Sattavariolas, made provision for

imprisonment with labour. 94 Imprisonment was of two kinds - simple imprisonment

and rigorous imprisonment. If a prisoner was sentenced to simple imprisonment he

had no work to do. But, those sentenced for rigorous imprisonment had to do work of

various kinds. 95

In 1921, there was a currency notes case in the Court at Minachal. At the time

of the pronouncement of judgement, the Sessions Court gave seven years rigorous

imprisonment and a fine of Rs.300/- to first accused. The 5 th accused was given five

years imprisonment. Whereas accused 2 nd , 9th 10th 1 1 th were acquitted. The 3

accused was found guilty, but escaped from the punishment by natural death. The

remaining accused was given three to four years of imprisonment. The Court had

given severe punishments to the above criminals. The Criminal Procedure Code and

the Travancore Penal Code had provisions to give severe punishment or to persons

charged with counterfeiting currency. They were liable for imprisonment of ten years

with a fine. 96

In 1922, when women leaders took part in freedom movement, they were

imprisoned till the court dispersed by the orders of Sub-Divisional Magistrate.

Smt.Kartyayin Amma, Smt.K.Narayana Kutty Amma, Mrs,Gracy Arun, Smt.Kunhi

Kavu Amma, T.Annakkutty Amma and Jayalakshmi, a teen aged girl were arrested on

that occasion. But, Jeyalakshmi was left off as she was a minor. When the trial of the

Proclamation of Col. Munro., Introducin g Judiciary in Travancore, 1812.

Nagam Aiya, V., op.cit.. P.448.

96 Travancore Almanac and Directory 1920, Trivandrum, 1921, p. 203.

157

above ladies took place, there was a large crowd in the vicinity of the Magistrate court

at Trivandrum. The Magistrate asked Sint. Kartyayini Amma to give security for her

good behaviour. But on her refusal, she was sentenced to two months imprisonment.

This was the first occasion of the arrest of women in Travancore for involving in

freedom movement. 97 In 1938, another woman freedom fighter Annie Mascarene was

arrested by the Travancore government at midnight in Chenganriur on November 13,

1938. She was tried for sedition in two prosecutions based on her speeches, one

delivered at Sarkar maiden and the other at Kattakada. The Session Judge of

Trivandrum sentenced her for eighteen months simple imprisonment and a fine of

Rs.1000/- in each case. The sentences were served one after the other. 98 In 1942,

Annie Mascarene was again arrested for delivering an inflammatory speech in the

State Congress meeting at Trivandrum. The First Class Magistrate of Trivandrum

Sentenced her two years imprisonment and a fine of Rs.500/-. Travancore Restriction

and the Detention act of 1943 enabled the government to detain a person for a period

of six months on the charge of spreading rumours aimed at bringing about hatred,

contempt, and secretly inciting the people to acts of violence. Following this act

Annie Mascarene was put in central prison, Trivandrum for a period of six months on

November 20, 1946.99

Persons involved in unlawful association were also imprisoned. As per the

Travancore Criminal Law Amendment Regulation of 1938, unlawful association

means, encouraging others to commit violence or intimidation against the

government. For this, imprisonment for a term of six months or fine or both was

Menon, P.K.K., op.cit., P.218.

Confidential Section File No.20 1, 1948.

Government Order No. 1770, dated 25.11.1946.

158

given. 100 Any person who published or circulated or made any statement of rumour

or report with an intention to make fear or alarm to the public was imprisoned for one

year or imposed a fine, or both. 10 ' In 1931, Session court at Kottayam sentenced one

Pareethu Chilarukhan accused of murder to life rigorous imprisonment subject to the

confirmation of the High Court. A warrant No. 11692 from the Kottayam Sessions

Court with a copy of High Court judgement was sent 102 to the Acting Jailor

Vellupillai on October 21, 1932 to carry out the execution. It was sent to the palace

for the approval of the Maharaja. The Assistant jailors informed that palace approval

was necessary for life warrants. 103 Then, the District Judge accepted the information

of the jailor and awaited approval.

In 1896, The Penal Code was ratified by the Travancore Legislative Council.

Section 182 of this Code prohibited the construction a place of worship without the

sanction of the Govt. It became a criminal offence from 1899. Offenders were

punished with a term not exceeding one year or with fine exceeding Rs.5001- or both.

The official reason for this enactment was to prevent sectional strifes and riots.' 04

Similarly, certain offences happened on roads were also punishable with fine.

Offences which occurred in any street or public place within the limits of any local

area, slaughter of cattle, torturing animals, damaging any vehicle, destruction of

°° Travancore Criminal Law Amendment Regulation, 1938, PP. 124-125.

Acts and Proclamation of Travancore, Vol. X, 1936-1937, Trivandrum, 1938, P.133.

02 Confidential Section File No. 1844, 1933.

103 Letter No. 1044 from Superintendent Central Prison, Trivandrum to the Chief Secretary toGovernment. Trivandrum, dated 23.9.1932.

04 Penal Code of Travancore, 1898, Section, 182,

159

fences, misuse of wells or tanks were liable for imprisonment for eight days or fine of

Rs.50 or both. 105

Imposition of Handcuffs

Formerly, every prisoner not depending on severity of crime was put in hand

cuffs and fetters. 106 But, the Prison Act of 1894 restricted the use of fetters. It stated

that only prisoners sentenced to imprisonment for life or imprisonment for not less

than ten years needed to be confined in fetters for the first three months. If the

superintendent considered it necessary for the safe custody of the prisoner or for any

other reason fetters factors should be retained for more than three months but only

with the consent of the Inspector General of Prisons. For the other prisoners, it was

necessary and it would be made under the orders of the Dewan)° 7 In 1903-1904, the

restriction of use of hand cuffs and fetters only for grave criminals was put into effect

in Travancore. The Jail Reforms Committee of 1919-1920 further lessened the

cruelty of imposing such a punishment.

Hand cuffs were of different types. They were the iron bar handcuffs with

lock not more than 21 bs, and the spring-catch handcuffs of 111/4 bs and the chain

handcuffs 11 bs. Handcuffs was used on the wrist during days or nights for a period

of not more than twelve hours at a time with, an interval of not less than twelve hours

between each period and not more than four consecutive days or nights. It was used

on the wrist behind during day time only for a period of not more than six hours in

105 Travancore Police Regulation, 1920, Section 50.

106 Fetters were of three types:(1) Link fetters composed of a chain and anklering should not be used continuously for more then

12 months(2). bar fetters - composed of 2 bars, joined together by a link based for not more than 6 months.(3). crest bar fetters - composed of a single bar to keep the legs apart used for not here than 240

hours. (Travancore Prison Act, 1894).

107 T.A.R., 1903-1904, Trivandrum, 1905, p. 14.

160

any day of twenty four hours for not more than four consecutive days. 108 Handcuffs

were affixed on the prisoner's wrist to not more nine hours each day with an interval

of an hour. A prisoner undergoing punishment in handcuffs should be under shelter

from the sun under Section 47 of the Travancore Prison Regulation. Civil prisoners

were exempted from the punishment of handcuffs, fetters and whipping.

Subsidiary Jails

His Highness Sri Chitra Thirunal established Subsidiary jails on

March 7, 1938. Subsidiary jails were used for the following category. All persons

committed to custody pending trail or preliminary investigation before the magistracy,

a criminal prisoner sentenced to imprisonment of one month and all prisoners

summoned to give evidence in any court were placed in these jails.' 09 The District

Magistrate had authority over the subsidiary jails within his district and officers

incharge of the jail obeyed all orders issued by the Magistrate. The District

Magistrate communicated to the government the matters connected with the

Subsidiary Jails.

Juvenile Offenders

With a view to punishing the offenders of teen age, His Highness the Maharaja

Ayillium Thirunal of Travancore passed the Regulation II in 1872. Accordingly, if

the person who involved in crime was below the age of fourteen, he was treated as

juvenile offender.' '° The High Court, gave special care the juvenile offenders. As per

the direction of the High Court the Reformatory School was established at Poojapura

108 Travancore prison Regulation, 1895, P.94.

109 Acts and Proclamation of Travancore Vol.X, 1937-1938, Trivandrum, 1939, P.220.

110 Select Royal Proclamations, Trivandrum, 1874, P.128.

161

on July 19, 1893, during the reign of Sri Mulam Thirunal". It helped to separate the

young offenders from other criminal prisoners" 2 . The main object of this School

was not only to separate juvenile offenders from hardened convicts but also to

transform the offenders in to good citizens. It functioned as a school of discipline,

industry and reformation. 113 The age of the offender was specified in the warrant of

commitment.t 14 Though adequate steps were taken to minimize their activities, the

number of juvenile offenders convicted in 1901 was increased to one hundred and

four. But only seven were transferred to the reformatory. The criminal courts paid

special attention for the effective working of the reformatory school, by giving

punishments of a mild and corrective nature to the young offenders. 115

In 1908, the Government specified the rules regarding punishment of youthful

offenders. As per the revised rules, they were not to be kept in solitary confinement

for more than twelve hours at a time and their confinement was during day time only.

A youthful offender who underwent solitary confinement was not subjected to the

same punishment again until after an interval of atleast fourteen days. During that

period, the offender was kept in gunny clothing for a week. Corporal punishment

given to them was mainly to maintain discipline. They were directed to punish them

with a light cane on the palm of the hand. In no case, the number of stripes exceeded

twelve. No offender was placed on a penal diet for a period exceeding three days at a

time. Punishment was given to those involved in unlawful activities. They were

directed to stand for a period equal to school hours, and to keep them from play hours.

" Rama Aiyar, S., & John, M.G., op.cit., P. ioo.

112 Criminal Circular No.9, High Court of Travancore, 1893

113 Velupillai, T.K. , op.cit., P.671.

f 14 Sreedhara Menon. A., (Ed.), op.cit., P.598.

"' T.A.R., 1900-190 I, Trivandrum, 1902, P.14.

162

The superintendent kept a separate book for entering the punishment inflicted on

them. ' 16 Juveniles were not detained in the reformatory for not paying the fine.

Sending juvenile offenders to the reformatory school was not a punishment.

But, it was for reforming the young boys for the improvement of their character. The

offender kept in prison for pending enquiry was let on bail. A youthful offender was

given death punishment or sentence of rigorous imprisonment on rare occasion.

Generally, they were given simple imprisonment or fine.' 17 In the case of juvenile

offenders, whipping was awarded as a part of school discipline. It was carried out

without publicity with a light rotten. 118 On January 20,1945, Dewan

Sir. C.P. Ramaswamy Aiyar observed while presiding over the Golden Jubilee

Celebrations of the Reformatory school that "temptations, hereditary traits, difficulties

of environment, deficiencies of education or lack of home life were the causes to

make a man into criminal.' 19 The Dewan, further added that juveniles were exploited

by grown-ups for their gain using them only for beggary or for crimes. The function

of a reformatory was to make them useful citizens to the society.

Whipping

Persons involved in theft, housebreak, trespass by night were given the

punishment of whipping. 120 Moreover, persons attempted to commit rape, injury,

hurt, robbery or dacoity was also punished with whipping. As the prevailing practice

of administering corporal punishment was dangerous to health, it was prohibited

116 T.G.G., Vol. XLVI, No.23, Trivandrum, June 9,1908, P.820.

Travancore Legislative Council Proceedings, Vol. II, No. 1, Trivandrum, November 1922,PP. 182-183.

18 Rama Aiyar, S., & John, M.G., op.cit.. P.100.

119 Travancore Information Listener. Vol. V, No.6, February 1945, P.6.

120 Travancore Almanac and Directory 1920, Trivandrum 1921, P.208.

163

henceforth by the orders of the ruler. Hence, all criminal courts throughout the state

were directed to give the punishment of whipping on the posterior instead of at the

back of the prisoners.' 21

When the accused was sentenced to whipping in addition to imprisonment, it

was inflicted fifteen days from the date of sentence, or until the sentence was

confirmed by the appellate court. Whipping was inflicted in the presence of the

officer-in-charge of the jail unless the Judge or Magistrate ordered it to be inflicted in

his own presence. No accused person was sentenced to whipping in addition to

imprisonment when the term of imprisonment, was less than three months. 122 In case

of persons above sixteen years of age, whipping was inflicted with a light rotten not

less than half an inch in diameter. It was not to exceed thirty stripes for persons above

sixteen years of age and it must not exceed fifteen stripes for persons below sixteen

years of age. Whipping was not inflicted unless a medical officer certified that the

offender was fit in health to undergo such punishment. In 1940, fifty nine persons

were sentenced to whipping. It was forty four in 1939 - 1940.123

Punishment of whipping was not inflicted on offenders who committed wrong

for the first time. Whipping was not inflicted until all other methods of punishment

had failed. Whipping was inflicted only in cases of grave offences. In 1928, two

persons were flogged for writing anonymous petitions against jail authorities. 124

Similarly, assault on officers by prisoners was also a heinous crime. For instance, in

1935, a life convict in the Central Jail, Trivandrum was questioned by the Deputy

121 Government Notification, dated 24.7.1891.

122 Acts and Proclamation of Travancore, Vol. XIII, 1941-1942, Trivandrum, 1945, PP. 408-409.

23 Proceedings of the Maharaja of Travancore, 1940.

124 Travancore Legislative Council Proceedings, Vol. XI, Trivandrum, 1928, P.877.

164

Jailor for having misbehaved against a Warden. He caught hold of his legs and tried

to injure him. Hence, the prisoner was sentenced to have sixteen lashes ' 25 . Female

and male above forty eight years were not punished with whipping. 126

Proceedings on Sepoys

The Government Officials were also not left out of the purview of punishment.

If the sepoys committed mistakes they were also tried and punished. For instance, in

1927 nearly fifty to sixty men of 11th Battalion of Nair Brigade assembled outside the

residence of the Dewan on December 19, 1927, to give a petition demanding increase

of pay. They were dispersed and an enquiry was conducted. It was proved that four

were responsible for mobilizing them. They were No.2305 Sepoy Ramakrishna Pillai,

No.1759 Sepoy Parameswaran Pillai No.1719 Sepoy Krishna PilIai and No.1869

Sepoy Kumara Pillai. During military discipline trial which was held on them in

Brigade Court, Eighty Seven witnesses were questioned. On enquiry, it was proved

that it was not a disorderly crowd. So, they were sentenced to minor punishment. 127

Fine

Imposing fine was another method of punishment. Usual punishment for theft

was imprisonment for six months or whipping or fine or loss of limbs.' 28 There was

frequent theft in coffee plantations and the coffee planters complained it to the

government. On this, Dewan Nanoo Pillai passed a regulation.' 29 According to it,

possession of coffee other than by the planters was illegal. Violation of this was liable

125 Departmental Administrative Report, 1935-1936, Trivandrum, 1937, P.2.

126 Regulation and Proclamation of Travancore, Vol. II, 1895-1909, Trivandrum, 1928, P.24

127 Confidential Section File No.638, 1927.

128 Sreedhara Menon. A.., op.cit., p.323.

129 Regulation and Proclamation of Travancore 1834-1844, Trivandrum, 1927, P.11.

165

to punishment of fine not exceeding Rs.500/- Default of payment of fine was

punished with simple imprisonment for a period not exceeding six months.

For assault or attack also the offender was fined. In 1892-1893

Col. Jesuratnam was attacked while riding on horse along the prohibited street in

Suchindram. Two sudras named Chodalaimadan and Mallan Thamby were held

responsible for it. A case was filed against one Andy Esaki, Chodalaimadan, and

Mallan Thamby. They were sentenced to pay a fine of Rs.50/- along with one month

rigorous imprisonment.' 30

In 1855, an offender was fined Rs.5/- for beating a slave Arumanayagan for

attending a place of Christian Worship. The Protestant Missionary J.O. White House

complained it to the Governor on April 2, 1855. As he was horribly injured, the

Tahsildar charged the offender with a small fine of Rs.51-. 13 ' He urged the

government to enquire into the judicial proceedings of the state.

Solitary Confinement

Solitary Confinement was a form of punishment. Whenever any person was

convicted of indiscipline in work, use of prohibited articles, quarrels, assaults,

insubordination and breaches of discipline in jail, the court kept him in solitary

confinement for not exceeding three months. It should not exceed one month, if the

term of imprisonment did not exceed six months. It was not to exceed two months if

the term of imprisonment did not exceed twelve months. It was not to exceed three

months if the term of imprisonment exceeded one year.' 32 In executing solitary

'o Judicial Department Cover File No. 1627,1893.

131 Political Consultation, Vol.552, FF.2697-2703.

32 Travancore Penal Code 1898, Section 73, P.9.

166

confinement, in no case the confinement should exceed fourteen days at a time with

intervals between the periods of solitary confinement. When the imprisonment

awarded exceeded three months, the solitary confinement should not exceed seven

days in any one month of the whole imprisonment awarded with intervals between the

periods of solitary confinement of less duration than such periods. 133 Every solitary

cell had an additional protective wall with a wooden door in addition to the iron bars

with wooden door having a slit through which the jail officer used for giving food to

the prisoner. 134 Over the door of the cell, there was a ticket showing the number and

name of the prisoner, the offence for which he was punished, the period of

confinement and the labour he had to perform. 135 The prisoners in solitary

confinement either died untimely or became in same. Moreover, they were to be

guarded day and night. As a result, the system of confining in solitary cells was

withdrawn after Independence.' 36

Thus, this chapter reveals the system of conducting trial and awarding

punishment to the criminals. It also dealt with the traditional system of trial and

ordeal and how it was replaced by other modern techniques like conducting enquiry,

examination of witnesses and evidences. It also describes various kinds of

punishments like capital punishment, imprisonment, imposition of handcuffs, fines

and solitary confinement. The working of reformatory school for juvenile offenders

was also clearly high lighted in this chapter.

133 Judicial Department File No. R. Dis. 46/110, 1916.

" Judicial Department, Cover File No. 2543, 1926.

'"Rules under Prison Act, XVIII, Travancore, 1950, p. 70.

36 Report of Jail Reforms Committee, Travancore, 1953, p. 123.