This use of torture, secret and unavowed, for the purposes of the prosecution, prevailed until a recent date. Disgusted English officers vainly sought to check the pernicious practice, which was common throughout India among all sects and classes, though strictly forbidden by law. According to one authority, “The poor practise torture on each other, robbers on their victims; masters upon their servants; zemindars on their ryots; schoolmasters on their pupils; husbands on their wives and even parents on their children.” “The very plays of the populace,” says another, “excite the laughter of many a rural audience by the exhibition of revenue squeezed out of a defaulter, coin by coin, through the appliance of familiar provocatives.” Some of these as employed by the old police consisted of such devices as filling the nose and ears of a prisoner with cayenne pepper, checking the circulation of the blood with tight ligaments, suspending a person head downward in a well and sometimes immersing the whole body in deep water until insensibility but not actual drowning was caused.
Other processes are recounted by Dr. Cheevers. Torture by heat consisted in applying to the naked flesh a lighted torch, burning charcoal or red hot tongs, or by pouring boiling oil into the ears or nose. Torture by cold was inflicted by exposure of the victim naked in the night air and constantly sprinkling the body with freezing water. Other methods were: suspension by the ears, wrists, feet, hair or moustache, generally accompanied by severe beating with rods, wet stinging nettles, bunches of thorns, or cudgels of split bamboo; confinement in a cell containing quicklime; rubbing the face on the ground so that the nose was wounded, the lips torn and the upper jaw fractured; fastening offensive and gnawing insects under cover upon the skin; sticking pins under the nails; beating the ankles and other joints with a soft mallet. The bull’s hide torture showed devilish ingenuity. The victim was sewed up in a newly flayed skin and exposed to the torrid sun. The outer covering contracted with the heat, drawing the live flesh with it, and the poor agonised creature died gradually of hunger, thirst and putrifaction.
Milder tortures, as they were deemed, existed, in which the punishment was more gradual but not less acute. Roasting by exposure to sun or fire, running up and down or “walking about,” a process in which relays of policemen keep a culprit on the move for hours and hours together, so that, after a night’s unbroken promenade, the craving for rest and sleep becomes intolerable, especially with people accustomed to sleep for twelve or fourteen hours at a stretch. The prolonged use of the stocks was at one time very general in Bengal, sometimes with the limbs enclosed in small apertures too tight for them, or when the victim lay on his back with his feet raised high in the air for a period of twenty-four hours.
Indian criminal annals record many curious forms of crime more or less peculiar to the country, and it will be interesting to specify some of the best known. Many are as old as the hills and are directly traceable to the innate character and distinguishing traits of the various races that people the great peninsula of Hindustan. There is a family likeness in the offences against morality and the rules generally binding upon the community at large, but some are encouraged and facilitated by the condition and organisation of the daily life of the people. Profound observers have penetrated to the darker and deeper recesses of the criminal mind of the native, both Hindu and Mussulman. Under the often placid, timid, civil-spoken and seemingly harmless native there lies a strange but potent combination of sensuality, jealousy and vindictiveness, backed by wild, ineradicable superstition, absolute untruthfulness and ruthless disregard for the value of human life. This is especially true of the Bengali, whose character has been powerfully portrayed by Lord Macaulay. A feeble, effeminate creature of sedentary pursuits, with delicate limbs, and without courage, independence or veracity, he is full of tact, ready with large promises, smooth excuses, elaborate tissues of circumstantial falsehood. With all his softness, he is by no means placable in his enmities or prone to pity, but is pertinacious in his purposes and dominated only by the immediate pressure of fear.
Custom has been largely the parent of crime in India, and nowhere has heredity exercised greater influence. A large proportion of offences in India are committed by persons whose ancestors have done the same for centuries. Strong belief in the strength of family tradition and the potency of inherited traits and tendencies have long filled the Indian gaols. To these causes we must trace the vitality of certain crimes; we find in them the explanation of persistent gang-robberies, “Dacoity,” the drugging and poisoning of travellers, the kidnapping of children, the forgery, the forest frauds, the infanticide and secret murders; the whole series of offences against which is directed the penal code of India, originated by Lord Macaulay and praised by the highest experts, including Sir James Stephen, as the best system of criminal law in the world.
When England’s work in India is reviewed in the time to come, full credit must be given to the humane administration which sternly suppressed the atrocious malpractices that so long afflicted the land, such as “Suttee,” or the burning of widows on the funeral pyre; the human sacrifices to the bloodthirsty idol of Jagannath; “Thuggee,” that vile organisation for secret murder which devastated the entire continent and killed so many unsuspecting victims. No more terrible and widespread crime has obtained in any age or country. It was fostered by the prevailing conditions in a vast extent of territory, divided among many princes and powers, each ruling independently and irresponsibly, with many kinds of governments, and with their hands one against the other, having no common interests, no desire for combination, no united police, no uniform action in the repression of determined wrong-doing. Everything conspired to favour the growth of these daring and unscrupulous land pirates.
There were no roads in those early days, no public conveyances, no means of protection for travellers. The longest journeys from one end of the continent to the other were undertaken of necessity on foot or on horseback; parties hitherto complete strangers banded together for common security, and mixed unreservedly with one another. The avenues of communication were at best mere tracks barely beaten down by the passage of wayfarers across country and not always easily distinguished, so that it was possible to wander into by-paths and get lost among the forests, jungles, mountains and uncultivated tracts where but few sparsely inhabited villages were scattered. Direct encouragement was thus afforded to freebooters and highwaymen to make all travellers their prey, and many classes of robbers existed and flourished. Of these the most numerous, the most united, the most secret in their horrible operations, the most dangerous and destructive were the Thugs.
The origin of Thuggee, as it was commonly called, is lost in fable and obscurity. Mr. James Hutton, in his popular account of the Thugs, thinks that they are of very ancient date and says they are “reputed to have sprung from the Sagartii who contributed eight thousand horse to the army of Xerxes and are mentioned by Herodotus in his history. These people led a pastoral life, were originally of Persian descent and use the Persian language; their dress is something betwixt a Persian and a Pactyan; they have no offensive weapons, either of iron or brass, except their daggers; their principal dependence in action is on cords made of twisted leather which they use in this manner. When they engage an enemy they throw out this cord having a noose at the extremity; if they entangle in this either horse or man, they without difficulty put them to death.” There is some reason to believe that in later times the descendants of these Sagartii accompanied one of the Mohammedan invaders to India and settled in the neighbourhood of Delhi. In the latter part of the seventeenth century Thevenot speaks of a strange denomination of robbers who infest the road between Delhi and Agra and who use “a certain rope with a running noose which they could cast with so much sleight about a man’s neck