Verse 8.324

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

महापशूनां हरणे शस्त्राणामौषधस्य च ।
कालमासाद्य कार्यं च दण्डं राजा प्रकल्पयेत् ॥ ३२४ ॥

mahāpaśūnāṃ haraṇe śastrāṇāmauṣadhasya ca |
kālamāsādya kāryaṃ ca daṇḍaṃ rājā prakalpayet || 324 ||

For the stealing of large animals, of weapons or medicines, the king shall determine the punishment, after considering the time and the purpose.—(324)

 

Medhātithi’s commentary (manubhāṣya):

‘Large animals,’—the elephant, the horse and so forth. For stealing these the punishment is to be determined in accordance with ‘the time and the purpose.’

“In connection with all punishments, it has been declared that the time should be taken into consideration; e.g., it is said—‘In the inflicting of punishments, the king shall take into consideration, the time, place, age and capacity?”

True; in ordinary cases the nature of the punishment is already fixed, and the said circumstances are taken into consideration only for the purpose of determining the exact degree of that punishment; e.g., in cases where the penalty is put down as ‘immolation,’ whether it is to be actual death or only beating, could be determined by circumstances. In the case in question on the other hand, the nature of the punishment is peculiarly variable; e.g., even though the sword may be worth only twenty paṇas, yet if it is stolen at a time when an enemy with uplifted weapon is near at hand,—the punishment would be death; in view of the time and the extremely useful purpose that would have been served by the stolen sword; while under other circumstances, there would be only a fine, either double, or eleven times, the value of the sword. Similarly in the case of a medicine that is not easily available, and is extremely useful, being stolen at the very time at which it was going to be used,—or if, when easily available, it is stolen at the time when it has been just boiled, and if not taken at that very time, would cause great suffering to the patient,—the punishment in such cases would be most severe; in other cases, it would be small. There could be no such diversity unless there be some sort of difference in the cases. Otherwise it would suffice to put down only one verse as embodying the whole law of punishments. Hence the following statements have to be made—‘At the time of war, the penalty for stealing a horse and such animals would depend on the needs of the king;—in the case of weapons needed by the king, it would be forgiven in some oases, while in others the punishment meted out would he very severe;—in the case of cows and buffaloes belonging to the people, the theft should never be forgiven by the king;—in the ease of horses too, it would all depend upon the purpose served by them; e.g., if the war is being waged in a hilly country, the horse would not be of much use there; so that if it be stolen, the punishment should not he very severe. Thus our sole guide in this matter is the maxim that the king shall determine the penalty after considering the time.—(324)

 

Explanatory notes by Ganganath Jha

Cf. 8.26.

This verse is quoted in Vivādaratnākara (p. 319), which adds the following notes—‘Mahāpaśu’ are the elephant and other large animals,—‘kālam’, whether it was stolen at the time of war, or during ordinary use and so forth,—‘kāryam’, smallness or largeness of the use to which the stolen thing was being put,—‘daṇḍam’, heavier or lighter.

 

Comparative notes by various authors

(verses 8.324-325)

Viṣṇu (5.77-78).—‘He who has stolen a cow, or a horse, or a camel, or an elephant, shall have one hand, or one foot cut off;—he who has stolen a goat, or a sheep shall have one hand cut off.’

Nārada (Theft, 29).—‘On him who forcibly seizes large domestic animals—the highest fine shall be inflicted; the middlemost amercement on him who steals cattle of the middle size; and the smallest fine on him who steals small cattle.’

Do. (Do., 33).—‘For stealing cows belonging to a Brāhmaṇa, for piercing the nostrils of a barren cow, and for stealing a female slave, the thief shall, in every case, lose half his feet.’

Bṛhaspati (22, 26).—‘One injuring or stealing cattle, clothes, food, drinks, or household utensils shall be compelled to pay a fine of not less than 200 Paṇas.’

Yājñavalkya (2.273).—‘Stealers of horses and elephants shall be impaled.’

Vyāsa (Aparārka, p. 845).—‘The stealer of horses is killed by having his hands, feet and loin cut off; the stealer of cattle has half of his feet cut off by a sharp weapon.’

Arthaśāstra (p. 101).—‘For stealing large cattle, human beings, fields, houses, gold, fine doth, and such things, the fine shall be not less than 200 or more than 500 Paṇas, i.e., the middle amercement.’