Exploring the application of IPC to Mahabharata

Disclaimer: This blog explores the imaginative application of the Indian Penal Code (IPC) to events in the Mahabharata, with the intention of blending legal provisions with creativity and not intending to offend religious sentiments.

Exploring the application of IPC to Mahabharata

Image source: wallpaperaccess.com

This blog is insipred by blog published on Finology legal titled “Whatif IPC existed in the times of ramayan?”Let’s prepare the chargesheets of the Different characters of Mahabharata based on IPC sections!

Incident 1: Duryodhana’s Attempts on Bhim and Pandavas’ Lives:

Duryodhana’s attempts to kill Bhim with poisonous food. He also attempted to set Lakshagrah on fire in order to kill pandavas . Both the events would be charged under IPC Section 307 for attempt for murder.

Incident 2: Polygamy:

 Shantanu’s marriage to two women and Draupadi’s marriage to five men could be seen as the offense of polygamy and polygandry respectively under IPC Section 494, which prohibits marrying again during a spouse’s lifetime.

Incident 3: Harassment of Draupadi:

The troubling event of harassment of Draupadi by Duryodhana and Dushashan Section 354A criminalizes any act by a person that assaults or uses criminal force against a woman to harm her modesty.

Incident 4: Mama Shakuni’s Abetment:

Shakuni’s constant encouragement of Duryodhana’s wrongdoing could be considered abetment, covered by IPC Sections 107-120. Section 109 states that abetment carries the same punishment as the actual offense.

Incident 5: Eklavya and Discrimination:

Guru Dronacharya’s refused to teach Eklavya because he belonged to Nishada community. This does not directly violate IPC, but it resonates with the spirit of our evolving society, which seeks to eliminate discrimination, especially in education, as protected by our constitution.

Incidrnt 6: Abhimanyu’s Capture:

The capture of Abhimanyu during the Chakravyuh battle could be likened to “wrongful confinedment” defined under Section 339 of the IPC. False imprisonment is wrongfully obstructing a person to prevent proceeding him in any direction beyond a circumscribed limit.

Conclusion: The Mahabharata is a captivating account of mythology that offers profound insights into human nature, ethics, and morality. Applying legal concepts enhances our understanding of the complexities of law and its implications. It’s fascinating to see how the epic’s characters and their actions can be analyzed through the framework of modern legal principles, showcasing the timeless relevance of both the story and the law in shaping our society and values.

 By examaining the epic of Mahabharata through the lens of Indian Penal code we can observe the evolution of societal norms and legal principles, showing how our understanding of justice has evolved over time. As we delve into this creative thought experiment, we can reflect on the intersection of history, culture, and the law.

The interpretation and scope of crimes is subject to the dynamics of our society. How certain actions could be interpreted differently in different contexts.

-Aashi Gupta