Factors of Offence (Theravada)

From Wikivinaya

Many rules have specific factors of offence, which are enumerated in the Vibhanga. Five commonly found factors are:

• Object
• Perception
• Intention
• Effort (or action)
• Result

For some rules the Vibhanga enumerates all these factors as needing to be present for there to be an offence. For other rules it mentions only a few of these factors as being relevant, while for many less 'heavy' rules like pacittiyas and sekhiyas the Vibhanga does not mention specific factors. In this last case, the factors are frequently extrapolated from the actual rule in the commentaries.

Derived Offences

When the factors are listed, all the listed factors must be fulfilled in order to commit the full offense. If only a few of the factors are fulfilled, there might be a derived offence, for example a thullacaya or a dukkata.

Examples concerning derived offences can be found in many of the more heavy rules. The derived offences are incurred when a specifically mentioned factor is absent, while the other factors are present. The penalty for derived offences is generally a thullacaya or dukkata.

The absence of derived offences for many of less heavy offences might explain why the Vibhanga does not specify the specific factors for many of the less heavy offences.

Additional (Sub)factors and Derived Offences

Some rules contain factors which are different from the five factors mentioned above; in this case these factors affect the seriousness of the offence. These additional factors might also be called sub-factors, since they relate to one of the 'main' factors.

Examples concerning additional factors and derived offences can be found in Parajika 2 and Sanghadisesa 5.

Parajika 2 uses the additional factor of the value of the object. When the value of the stolen object is not high enough, there is a derived offence of either a thullacaya or a dukkata. The value of the object can be seen as being a sub-factor of the factor of object.

For Sanghadisesa 5 the additional factors are accepting (the request of one party to convey a proposal), inquiring (with the second party and learning the response), and reporting (the answer back to the first party). All these factors refer to the factor of effort, and can been seen as sub-factors of the factor of effort. If one undertakes all three roles one commits a sanghadisesa. If one undertakes any two of these roles one commits a thullacaya; undertaking (any) one of these roles, one commits dukkata.