An observation on the conditions for the fruition of the action of killing in Pali Buddhist Tradition

The Buddhist concept of Pāpa shows great similitude with the concept of crime in

modern law. While the modern law tries to protect the well being of the society through a

mechanical code of laws, Buddhism does the same in a more efficient way through teaching of

the penultimate values of ethics.

In this paper conditions of killing taught in Buddhist Vinaya texts and commentaries are

analyzed in relation to the panel code in Sri Lanka.

While commenting on the Pāṇātipātā ( killing life forms) the first precept in the list of

Five Precepts in the Papañcasūdani is known as the commentary on the Majjhimanikāya

declares those conditions. For the the action of killing to be completed these five qualities are

given as essential. They are existence of a being (there should be a living one), recognition of

being, intention of killing, planning, death of particular being due to the plan.1 These five

conditions be identified with object, perception, intention, effort and death (OPIED).

Vinaya Pitaka also explains that, by applying the term ‘sañcicca’ intention or the volition

is a must to be committed into the actions of killing. But with the pledge of ethical values

Buddhism goes beyond than the modern legal philosophy and says that if one would motivate a

person to be killed by himself because of that intention the particular person committed can be

committed to the act of killing.

In law too same type of frame work is used to identify real killing. According to the code

of criminal procedure act in Sri Lanka regulated in 1979 to be a murder the specific action

should be governed by the intention. According to the article no 293 in the panel code of Sri

lanka “ whoever causes death by doing an act with the intention of causing death or with the

intention of causing such a bodily injury, as is like to cause death or with the knowledge that he

is likely by such act to cause death commit the offence of culpable homicide.”

In this research these typical conditions in Buddhism and modern legal philosophy are

discussed critically with special reference to the ‘Manussaviggahapārājkā’ (defeat of killing

1 tassa pañca sambhārā honti, pāṇo, pāṇāsaññino, vadhakacittaṃ, upakkamo,tena maraṇaṃ, Woods J.H, ed. (1983) Majjhimanikāya, commentary, PTS, London.

human being) in the Pārājikāpāli in the Vinaya Pitaka w and the commentarial interpretations

on the ‘Pānātipāta’ ( killing a being) in contrast with the act of criminal procedure in Sri Lanka.

In this research I will primarily use texts in the Theravāda Vinaya Literature and Pali

commentaries. I will also refer Sri Lankan penal code plus relevant sources.

Key words :- Pāpa, Buddhism, Commentary, Vinaya Pitaka, Pāli , Pārājikā, Sañcicca, Pāṇātipāta, Manussaviggaha, Majjhima Nikāya, Theravāda