Modes of Punishment in Kautilya and Shukracharya: A Comparative Study

Abstract: Punishment, or Daṇḍa, serves as a critical intersection of social order, morality, and power in ancient Indian jurisprudence. This study provides a comparative analysis of the punitive theories of Kautilya and Shukracharya, two pillars of classical political thought. Kautilya’s Arthashastra advocates a pragmatic, state-oriented approach rooted in political realism and administrative efficiency. Conversely, Shukracharya’s Shukraniti emphasizes a moral and reformative framework, prioritizing compassion, proportionality, and ethical accountability. By examining their philosophical foundations, categories of punishment, and procedural rules, this research highlights the dynamic tension between coercion and reform. The study argues that the synthesis of Kautilya’s deterrence and Shukracharya’s compassion offers a balanced, multifaceted framework for justice. Ultimately, these traditional concepts remain normatively relevant to contemporary discussions on criminal justice, penology, and human rights, providing timeless insights into the ethical exercise of state authority.