In Baloch society an offence against the individual such as theft or robbery is a corporate against the entire tribe. Any contravention is punished according to the nature of the crime committed. But if the offence is committed outside the tribe, it is considered an offence against that tribe. The individual acts consequently will become the responsibility of the tribes concerned. The opposing tribesmen could revenge the guilt in an appropriate manner, not necessarily against that particular individual but against any person belonging to the tribe of the offender.
Sentence for misdemeanor is the payment of appropriate fine or compensating the loss of property in case of theft or robbery. Sometimes robbery is also punished with death. Punishment of corporate crime is outlawry of person that is, disowning the individual and declaring him isolated from the tribe. This is one of the major punishments and rarely awarded. In that case he is also banished from the area.
There is least evidence of awarding punishment of dore kassag, tearing to pieces by horses; pahao, hanging, which is awarded to traitors and the enemy agents. These forms of punishment nevertheless are clearly a later addition and not the original Baloch practices. Beheading is the common mode of inflicting the sentence. There is, however, no evidence of any permanent hangman or jallad among the Baloch for the purposes of executing criminals. In Kalat State
There is no evidence of punishment of death by drowning, throwing from rock, burning or burying alive, pouring molten lead on the criminal, starvation in the dungeons, tearing to death by red hot pincers, cutting asunder and stoning to death, or the Persian and Mughal practices of blinding and maiming.
In case of murder the relatives of the deceased had the inalienable right to claim blood for blood; and this claim had the tribal code of conduct, the deceased family and the entire tribal strength behind it. The murderer could be forgiven only by the nearest kin. Among a few tribes blood compensation is given by the offender or his family. Relatives of the offender had to accept the punishment and are obliged to agree to the award if no settlement is reached. Extreme torture or dishonoring is against the tribal norms. Torture to low-castes involving serious crimes is sometimes perpetrated. The Baloch think it more honorable to be beheaded than hanged. Other modes of capital punishment are insulating.
The only crime which could invoke death penalty or banishment besides treason is adultery. Sometimes mere suspicion of unfaithfulness by wife is sufficient to put her to death. The man will also get the same punishment. But among some tribes, who are alleged to be inferior in caste, the adulterous women are divorced and the adulterer is obliged to marry her. In case of adultery there was no need for the aggrieved husband to resort to any tribal council to get a decision. He himself inflicted the sentence. The unmarried women or widows get punishment from their near relatives.
A very peculiar cultural trait is that even the criminal or offender, if apprehended, will never tell a lie even in the face of instant punishment. This is against his sense of honour and pride. He is always truthful. This made torture to extract information or confession of guilt quite unnecessary.
Among the ancient Baloch, like other Aryan groups, trial by ordeal is perhaps in vogue. The culprit had to prove his innocence by walking through the fire or putting his hands on a hot rod. In Balochi folk stories there are numerous instances when the innocence of the offender had to be proved by putting his hands on the hot stones, tapag. This practice was perhaps discarded early in the Christian era.
In most cultures any child of less than then years was usually considered incapable or guilt on the ground that he or she was too young to differentiate between right and wrong. The practice was completely reversed among the Baloch. The Baloch child had a penetrating sense regarding his enemies and friends. Old blood accounts are settled by persons of less than ten years. Baloch children take part in battles. Therefore, the case of guilt or criminal responsibility for the minor is always judged according to circumstances and merit of the case. The members of the family of the minor will have to bear the responsibility of his guilt if the crime is provoked by them.
The home of any Baloch elder is a safe refuge and place of protection for all the offenders of law till the decision of the dispute through the Jirga or med.
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