Kautilya Arthashastra

by R. Shamasastry | 1956 | 174,809 words | ISBN-13: 9788171106417

The English translation of Arthashastra, which ascribes itself to the famous Brahman Kautilya (also named Vishnugupta and Chanakya) and dates from the period 321-296 B.C. The topics of the text include internal and foreign affairs, civil, military, commercial, fiscal, judicial, tables of weights, measures of length and divisions of time. Original ...

Chapter 17 - Robbery

[Sanskrit text for this chapter is available]

Sudden and direct seizure (of person or property) is termed sāhasa; fraudulent or indirect seizure (niranvaye’ pavyayaneca) is theft.[1]

The school of Manu hold that the fine for the direct seizure of precious stones and superior or inferior raw materials shall be equal to their value.

It is equal to twice the value of the articles according to the followers of Uśanas.

But Kauṭilya holds that it shall he proportional to the gravity of the crime.

In the case of such articles of small value as flowers, fruits, vegetables, roots, turnips, cooked rice, skins, bamboo, and pots (earthenware) the fine shall range from 12 to 24 paṇas; for articles of great value, such as iron (kālāyasa), wood, roping materials, and herds of minor quadrupeds, and cloth, the fine shall range from 24 to 48 paṇas; and for such articles of still greater value as copper, brass, bronze, glass, ivory and vessels, etc., it shall range from 48 to 96 paṇas. This fine is termed the first amercement.

For the seizure of such as big quadrupeds, men, fields, houses, gold, gold coins, fine fabrics, etc., the fine shall range from 200 to 500 paṇas, which is termed the middlemost amercement.[2]

My preceptor holds that keeping, or causing to keep, by force either men or women in prison, or releasing them by force from imprisonment, shall be punished with fines ranging from 500 to 1,000 paṇas. This fine is termed the highest amercement.[3]

He who causes another to commit sāhasa after the plans prepared by himself, shall be fined twice the value (of the person or property seized). An abettor who employs a hireling to commit sāhasa by promising, “I shall pay thee as much gold as thou makest use of,” shall be fined four times the value.[4]

The school of Bṛhaspati are of opinion that if with the promise, “I will pay thee this amount of gold,” an abettor causes another to commit sāhasa, the former shall be compelled to pay the promised amount of gold and a fine. But Kauṭilya holds that if an abettor extenuates his crime by pleading anger, intoxication or loss of sense (moha), he shall be punished as described above.

* In all kinds of fines below a hundred paṇas, the king shall take in addition to the fine 8 per cent more as rūpa and in fines above one hundred, five per cent more as vyājī; these two kinds of exaction are just, inasmuch as the people are full of sins on the one hand, and kings are naturally misguided on the other.

[Thus ends Chapter XVII, “Robbery,” in Book III, “Concerning Law” of the Arthaśāstra of Kauṭilya. End of the seventy-fourth chapter from the beginning.]

Footnotes and references:

[1]:

M. 8, 332.

[2]:

M. 8, 322; Y, 2, 275; N. 14, 13-16; Vi, 5, 87-88.

[3]:

Y. 2, 243.

[4]:

Y. 2, 231.

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