Verse 8.190

Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

निक्षेपस्यापहर्तारमनिक्षेप्तारमेव च ।
सर्वैरुपायैरन्विच्छेत्शपथैश्चैव वैदिकैः ॥ १९० ॥

nikṣepasyāpahartāramanikṣeptārameva ca |
sarvairupāyairanvicchetśapathaiścaiva vaidikaiḥ || 190 ||

The appropriator of a deposit, as also one who has not deposited anything (and yet asks for it),—the king shall test by all methods, as also by means of oaths and ordeals prescribed in the scriptures.—(190)

 

Medhātithi’s commentary (manubhāṣya):

He who appropriates the deposit placed with him, in the absence of witnesses, and he who, having received it back, asks for it again,—both these the king shall ‘test’;—‘testing’ stands for trying to find out the truth,—by employing ‘all methods’;—‘methods’ stands for proofs. So that if the man is found to have fallen from the path of rectitude and denies the deposit,—then recourse may he had to heating and imprisonment also; specially when the property involved is a large one, the same methods have to be employed as in the case of thieves. But no punishment shall lte inflicted if there is uncertainty in the matter.

The epithet ‘prescribed in the scriptures’ has been added only by way of praise of the means to be employed.—(190)

 

Explanatory notes by Ganganath Jha

‘Sārvaiḥ upāyaiḥ’—‘All kinds of evidence, the four expedients of kindness and the rest, and also in the case of wicked people, beating and imprisoning’ (Medhātithi, who is not rightly represented by Buhler);—‘the four expedients of kindness and so forth’ (Govindarāja, Kullūka and Rāghavānanda);—‘spies and the like’ (Nārāyaṇa).

This verse is quoted in Parāśaramādhava (Vyavahāra, p. 208), as laying down punishment for the depositor and depository if proved to be dishonest;—in Kṛtyakalpataru, (84a);—and in Vīramitrodaya (Vyavahāra, 113a).

 

Comparative notes by various authors

(verses 8.190-192)

Yājñavalkya (2.66).—(See under 189.)

Do. (2.67).—‘If the depositary derives, by his own will, an advantage from the deposit, he shall he made to pay to the depositor what he may have gained, along with interest, and should also he lined.’

Nārada (2.7).—‘The wicked man who does not restore a deposit, on being asked by the depositor to do so, shall be punished by the King. If the deposit has been lost or destroyed, he shall make good its value.’

Do. (2.13).—‘He who fails to restore a deposit, and he who demands what he never deposited, shall both be punished like thieves, and shall be made to pay a sum equal in amount to the value of the deposit in question.’

Bṛhaspati (12.11).—(See under 189.)

Do. (12.13).—‘He who, after receiving the deposit, denies the fact and is convicted by the evidence of witnesses or ordeal, shall be compelled to give up the deposit and to pay an equal amount as fine.’

Arthaśāstra (p. 73).—‘He who enjoys a sealed deposit should pay for such use, in accordance with place and time; also a line of 12 Paṇas. If the deposit becomes lost or damaged by such use, he shall bear the cost of the article deposited, and also pay a fine of 21 Paṇas'