Verse 8.284

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

त्वग्भेदकः शतं दण्ड्यो लोहितस्य च दर्शकः ।
मांसभेत्ता तु षट् निष्कान् प्रवास्यस्त्वस्थिभेदकः ॥ २८४ ॥

tvagbhedakaḥ śataṃ daṇḍyo lohitasya ca darśakaḥ |
māṃsabhettā tu ṣaṭ niṣkān pravāsyastvasthibhedakaḥ || 284 ||

One who bruises the skin should be fined one hundred; as also one who fetches blood; he who cuts the flesh, six ‘niṣkas’ and the bone-breaker should be banished.—(284)

 

Medhātithi’s commentary (manubhāṣya):

What is here laid down pertains to offences committed among the twice-born men themselves, as also between two Śūdras.

When one only ‘breaks’ or pierces the skin, and fetches no blood, the fine is one hundred.

The same also when blood flows out. Though no blood can flow out unless the skin has been broken, yet the limitation on the fine has been laid down with a view to preclude the idea that since the hurt is more serious, the punishment should he heavier.

Others hold that this has been added in view of the fact that blood flows also out of the ear, the nostrils and such other pans, as also out of the outer skin (and the rule is meant to apply to this latter ease).

This however is not right. Because in a case where there is internal hurt, the pain is very severe, and the punishment therefore should be proportionately heavy. Hence what is meant is that the fine of one hundred shall be inflicted in a case where only a small quantity of blood has flown out.

In the case of head-breaking, the punishment shall be the same as that in the case of cutting the flesh.

The term ‘niṣka’ here stands for a measure of gold, as has been already explained before.

‘The breaker of bones should be banished,’;—i.e., one who causes the bone to be broken. The compound ‘asthibhedakaḥ’ should be explained by compounding ‘asthi’ (‘bone’) with the term ‘bheda’ which ends with the ‘ghañ’ affix, and then adding the causal affix in the sense of ‘doing’ to the compound thus formed (i.e., ‘asthibhedam karoti iti asthibhedakaḥ’).

‘Banishment’ is an alternative to ‘Death.’ In works dealing with the science of government, in the sections dealing with punishments, we find the latter penalty laid down; for instance, in the works of Bṛhaspati and Uśanas. So ‘banishment’ applies to the case of Brāhmaṇas, and ‘death’ to that of others.—(284)

 

Explanatory notes by Ganganath Jha

“According to Rāghavānanda the rule refers to Śūdras assaulting Śūdras. According to Nārāyaṇa, the last offender’s property shall be confiscated.”—Buhler.

This verse is quoted in Vivādaratnākara (p. 164), which remarks that in view of the law laid down by Viṣṇu, that for causing bleeding the fine shall be 64 paṇas,—the penalty here laid down should be understood to be applicable to cases where there is much bleeding caused by the tearing of the skin.

It is quoted in Parāśaramādhava (Vyavahāra, p. 287);—in Aparārka (p. 815) which adds that, the bleeding is due to grievous hurt, then the fine is to be 100, otherwise 64;—in Mitākṣarā (2.218), where Bālambhaṭṭī remarks that the penalty here laid down applies to cases where the hurt has been inflicted on some vital part of the body;—and in Vivādacintāmaṇi (Calcutta, p. 74), which explains ‘niṣka’ as equivalent to four ‘suvarṇas’

 

Comparative notes by various authors

Viṣṇu (5.66-72).—‘If he causes pain to him, without fetching blood, he shall pay 32 Paṇas; for fetching blood, 64;—for mutilating or injuring a hand, or a foot, or a tooth,—and for slitting an ear, or the nose,—the second amercement. For rendering a man unable to move about, or to oat, or to speak,—or for striking him violently,—the same punishment is ordained. For wounding or breaking an eye, or the neck, or an arm, or a hone, or a shoulder, the highest amercement. For striking out both eyes of a man, the King shall confine him and not release him from the jail as long as he lives;—or he shall order him to be mutilated in the same way.’

Yājñavalkya (2.218-220).—‘If one causes pain with wood and other things, without fetching blood, he should ho made to pay a fine of 32 Paṇas; on fetching blood, the double of that. If he breaks a hand, or a foot, or a tooth, or slits the ear or the nose, or reopens a wound, or beats him nearly to death,—the middle amercement. On incapacitating him from moving, eating or speaking, also for piercing the eyes and other organs, or for breaking the shoulder, or the arms or the thighs, the middle amercement.’

Nārada (15-16.29).—‘If a man breaks the skin of an equal, or fetches blood from him, he shall be fined a hundred Paṇas; if he cuts the flesh, 6 Niṣkas; if he breaks a bone, ho shall be banished.’

Bṛhaspati (22.720).—‘For injuring a person with bricks, stones or a wooden club, he shall he fined two Māṣas; double of this, if blood flows. For tearing the skin, the lowest amercement shall be inflicted; for tearing the flesh, the middle amercement; for breaking a hone, the highest amercement; for killing, capital punishment. For breaking the oar, the nose or hand, or injuring teeth, or feet,—the middle amercement; and double of that for cutting off any of those limbs. He who injures a limb or divides it, shall be compelled to pay the expense of curing it.’

Arthaśāstra (p. 107).—‘On hurting a person, without fetching blood, with wood, stones, bricks, iron-stick, or ropes—the fine shall be 24 Paṇas; double of that if blood is fetched. The lowest amercement for beating a man nearly to death, without fetching blood; as also for disabling a hand or foot. For breaking the hand or foot, or for tearing the nose or the ear, or for opening a wound, the same punishment. For breaking the thigh or the neck or the eyes, or making one unable to speak or move or eat,—the middle amercement; also the expenses for effecting a cure. If the man happen to die, the culprit should be tried as a heinous criminal.’

Kātyāyana (Vivādaratnākara, p. 265).—‘For striking a man with bricks, stones or wooden sticks, the fine is two Māṣas; double of this if blood is fetched; for cutting of the ear, the lip, the nose, the eye, the tongue, the penis or the hand,—the highest amercement; and for piercing these, the middle amercement.’

Hārīta (Vivādaratnākara, p. 266).—‘If a low-caste man breaks the head, or ears or any limb of a person of the higher castes, he shall be fined 200 Purāṇas; for striking him with the foot, his feet shall be cut off, or he shall he fined 500.’