EXEMPTION OF CRIMINAL PENALTIES: IN THE CASE OF USING INFORMATION TECHNOLOGY FOR MONKS IN BUDDHISM

Abstract

          Nowadays, monks use technology and media in order to adapt themselves to the digital era. It means that many people agree that technology is a good and useful tool; however, it also has many cons which depend on users. Especially, monks must be more careful than seculars while serving the internet; because, if monks use media to infringe on others with or without intention. It can be the cause of the Offences of Defamation too; even if, it is the exemption of criminal penalties. Monks still have to get the penalties like seculars. In The case of the Offences of Defamation, monks defamed others on social media which include the factors of defamations in section 393 and 326 on the criminal laws. Monks have to get criminal penalties also. According to this, a monk should serve the internet carefully in order to protect Buddhism constantly and not be condemned by society.

         Regarding the exemption from punishment according to the discipline, there are 4 reasons that the offender does not have to be punished which can be summarized as follows:

1. A monk is so mad that lead to unconscious or going crazy because of gastric juice


2. A monk who is delirious to be unconscious or go crazy because of insanity.


3. A monk who is restless because of fear, is unconscious, or goes mad because his mind is distracted.


4. The monk who instigated the precepts, known as the “Ton Banyat”. The book of Vinaya does not guarantee legitimate rights or powers as in the case of impunity in criminal cases; therefore, monks cannot claim to do so in order to protect their rights or to do so out of necessity. The principle of Buddhism teaches to let go and not to cling to all things; or, doing things out of necessity in order to escape the offence. As the monk cannot claim the case of using information technology media to infringe on the rights of others because of out of knowledge of law.