Verse 8.288

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

द्रव्याणि हिंस्याद् यो यस्य ज्ञानतोऽज्ञानतोऽपि वा ।
स तस्योत्पादयेत् तुष्टिं राज्ञे दद्याच्च तत्समम् ॥ २८८ ॥

dravyāṇi hiṃsyād yo yasya jñānato'jñānato'pi vā |
sa tasyotpādayet tuṣṭiṃ rājñe dadyācca tatsamam || 288 ||

When a man, either intentionally or unintentionally, damages the goods of another, he shall give satisfaction to him and pay to the king a fine equal to it.—(288)

 

Medhātithi’s commentary (manubhāṣya):

‘Goods’—Household articles,—such as the winnowing basket, the mortar, the jar-platform, the pot and so forth,—or things in connection with which no special punishments have been laid down.

The ‘damage’ to these consists in destroying their original shape, even though they still continue to be of use.

‘Intentionally or unintentionally’;—there is no distinction to be made, whether the injury is done by chance, carelessness, or intentionally.

He shall ‘give satisfaction’ to the owner of the goods, either by offering to him another article of the same kind, or by paying him the price of the damaged article, or by apologising. And to the king he shall pay the price of that article.

To this rule, there are some exceptions’ (and these are noted below).—(288)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Aparārka (p. 820);—in Vivādaratnākara (p. 352), which adds that each case has to be taken on its merits, in relation to the quality of the property damaged;—in Mitākṣarā (p. 264);—and in Vivādacintāmaṇi (p. 151).

 

Comparative notes by various authors

(verses 8.288-289)

Arthaśāstra (pp. 108-109).—(See under 285, then)—‘For damaging such things as clothes, ornaments, gold-vessels, the first amercement and also double the value of the article damaged.’

Kātyāyana (Vivādaratnākara, p. 353).—‘If a man should damage, injure or destroy any articles, he should be made to pay the lowest amercement.’