Verse 9.290

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

अभिचारेषु सर्वेषु कर्तव्यो द्विशतो दमः ।
मूलकर्मणि चानाप्तेः कृत्यासु विविधासु च ॥ २९० ॥

abhicāreṣu sarveṣu kartavyo dviśato damaḥ |
mūlakarmaṇi cānāpteḥ kṛtyāsu vividhāsu ca || 290 ||

In all cases of malevolent rites, the fine shall be two hundred; as also in a case of magic spell by persons not related, or in those of various kinds of sorcery.—(290)

 

Medhātithi’s commentary (manubhāṣya):

‘Malevolent rite,’— encompassing death by such superphysical means as incantations and the like. If anyone performs such a rite, he shall receive the prescribed punishment, if the person aimed at does not die off. But in the case of such rites being successful, the man cannot escape with such a simple punishment. In that case the penalty shall be the same as that for ‘man-slaughter.’

The term ‘all’ is meant to imply that the same punishment is to be inflicted in the case of Vedic as well as non-Vedic rites;—Śyena and other sacrifies being the ‘Vedic malevolent rites,’ and the ‘taking of the foot-dust’, ‘pricking with a needle’ the non-Vedic ones.

‘Magic spells’— such as ‘bringing under control’ and so forth.

‘Persons related’ are the son, the wife and such relations of the victim; other than these are the ‘presons not related.’

‘Sorcery’ also is only a form of ‘malevolent rite,’ consisting of ‘expulsion’ and such ends as ‘bringing about feelings of disgust against friends and relations,’ ‘insanity’ and other similar magical effects brought about by means of incantations.—(290)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākara (p. 362), which adds the following notes:—(a) In the case of ‘abhicā ras’—the Śyena and other murderous rites—performed against persons who have done no harm,—(b) in the case of ‘mūlakarma’—administrating of medicines—done by persons with the intention of causing harm,—and (c) in the case of ‘kṛtyā’,—various kinds of sorcery, such as forcible transportation and the like,—the operator is to be fined 200.

It is quoted in Aparārka (p. 821);—and in Vivādacintāmaṇi (Calcutta, p. 100).