Chapter 16 - Resumption of Gifts, Sale without Ownership, and Ownership

[Sanskrit text for this chapter is available]

Rules concerning recovery of debts shall also apply to resumption of gifts.^[1] Invalid gifts shall be kept in the safe custody of some persons. Any person who has given as gift not only his whole property, his sons, and his wife, but also his own life, shall bring the same for the consideration of rescissors.^[2] Gifts or charitable subscriptions to the wicked or for unworthy purposes, monetary help to such persons as are malevolent or cruel, and promise of sexual enjoyment to the unworthy shall be so settled by rescissors that neither the giver nor the receiver shall be injured thereby.

Those who receive any kind of aid from timid persons, threatening them with legal punishment, defamation, or loss of money, shall be liable to the punishment for theft; and the persons who yield such aids shall likewise be punished.

Go-operation in hurting a person, and showing a haughty attitude towards the king, shall be punished with the highest amercement. No son, or heir claiming a dead man’s property shall, against his own will, pay the value of the bail borne by the dead man (prātibhāvyadaṇḍa), the balance of any dowry (śulkaśeṣa), or the stakes of gambling; nor shall he fulfil the promise of gifts made by the dead man under the influence of liquor or love.^[3] Thus resumption of gifts is dealt with.

(Sale without Ownership)

As regards Sale without Ownership: On the detection of a lost property in the possession of another person, the owner shall cause the offender to be arrested through the judges of a court. If time or place does not permit this action, the owner himself shall catch hold of the offender and bring him before the judges. The judge shall put the question: how the offender came by the property. If he narrates how he got it, but cannot produce the person who sold it to him, he shall be let off, and shall forfeit the property. But the sellor, if unable to produce another seller who sold it to him, shall not only pay the value of the property, but also be liable to the punishment for theft.^[4]

If a person with a stolen property in his possession runs away or hides himself till the property is wholly consumed, he shall not only pay the value, but also be liable to the punishment for theft.

After proving his claim to a lost property (svakaraṇaṃkṛtvā), its owner shall be entitled to take possession of it. On his failure to prove his title to it, he shall be fined 5 times the value of the property (pañcabandhadaṇḍa),^[5] and the property shall be taken by the king.

If the owner takes possession of a lost article without obtaining permission from the court, he shall he punished with the first amercement.

Stolen or lost articles shall, on being detected, be kept in the toll-gate. If no claimant is forthcoming within three fortnights, such articles shall be taken by the king.

He who proves his title to a lost or stolen biped^[6] shall pay 5 paṇas towards ransom (before taking possession of it). Likewise the ransom for a single-hoofed animal shall be 4 paṇas; for a cow or a buffalo, 2 paṇas; for minor quadrupeds, ¼th of a paṇa; and for articles such as precious stones, superior or inferior raw materials, 5 per cent of their value.^[7]

Whatever of the property of his own subjects the king brings back from the forests and countries of enemies, shall be handed over to its owner. Whatever of the property of citizens robbed by thieves the king cannot recover, shall be made good from his own pocket.^[8] If the king is unable to recover such things, he shall either allow any self-elected person (svayaṃgrāha) to fetch them, or pay an equivalent ransom to the sufferer. An adventurer may enjoy whatever the king graciously gives him out of the booty he has plundered from an enemy’s country, excepting the life of an Ārya and the property belonging to gods, Brāhmans or ascetics. Thus sale without ownership is dealt with.

(Ownership)

As to the title of an owner to his property: The owners who have quitted their country where their property lies shall continue to have their title to it. When the owners other than minors, the aged, those that are afflicted with disease or calamities, those that are sojourning abroad, or those that have deserted their country during national disturbances, neglect for ten years their property which is under the enjoyment of others, they shall forfeit their title to it.

Buildings left for 20 years in the enjoyment of others shall not be reclaimed.^[9] But the mere occupation of the buildings of others during the absence of the king by kinsmen, priests, or heretics shall not give them the right of possession. The same shall obtain with regard to open deposits, pledges, treasure trove (nidhi), boundary, or any property belonging to kings or priests (śrotriyas).^[10]

Ascetics and heretics shall, without disturbing each other, reside in a large area. A new comer shall, however, be provided with the space occupied by an old resident. If not willing to do so, the old occupier shall be sent out.

The property of hermits (vānaprastha), ascetics (yati), or bacelors learning the Vedas (Brahmacāri) shall on their death be taken by their preceptors, disciples, their brethren (dharmabhrātṛ), or class-mates in succession.^[11]

Whenever hermits, etc., have to pay any fines, they may, in the name of the king, perform penance, oblation to gods, fire-worship, or the ritual called Mahākaccavardhana for as many nights as the number of paṇas of their fines. Those heretics (pāṣaṇḍa) who have neither gold nor gold coin shall similarly observe their fasts, except in the case of defamation, theft, assault and abduction of women. Under these circumstances, they shall be compelled to undergo punishment.

* The king shall, under penalty of fines, forbid the wilful or improper proceedings of ascetics: for vice, overwhelming righteousness, will in the long run destroy the ruler himself.

[Thus ends Chapter XVI, “Resumption of Gifts, Sale without Ownership, and Ownership” in Book III, “Concerning Law” of the Arthaśāstra of Kauṭilya. End of the seventy-third chapter from the beginning.]

Footnotes and references:

[1]:

N. 4, 1.

[2]:

Bṛhaspati.

[3]:

M. 8, 159.

[4]:

M. 8, 199; Y. 2, 169-70.

[5]:

Vijñāneśvara interprets the word as one-fifth of the value in Yājñavalkya Vyavahārādhyāya., 172. But this meaning is inconsistent with the contrast which Caṇakya draws between daśabandha and pañcabandha in Chapter XI, where pañcabandha is less than daśabandha. See footnote, Chapters I, XI, Book III.

[6]:

A male or famale slave.—T.M. Com.

[7]:

Y. 2, 171-74.

[8]:

Gaut. 10, 46-47; Vi. 3, 66, 67.

[9]:

M. 8, 147; Y. 2, 24.

[10]:

M. 8, 149.

[11]:

Y. 2,137.