Chapter 18 - Defamation

[Sanskrit text for this chapter is available]

Calumny, contemptuous talk, or intimidation constitutes defamation.^[1]

Among abusive expressions relating to the body, habits, learning, occupation, or nationalities, that of calling a deformed man by his right name, such as “the blind,” “the lame,” etc., shall be punished with a fine of 3 paṇas; and by false name, 6 paṇas.^[2] If the blind, the lame, etc., are insulted with such ironical expressions as “a man of beautiful eyes,” “a man of beautiful teeth,” etc., the fine shall be 12 paṇas. Likewise when a person is taunted for leprosy, lunacy, impotency and the like. Abusive expressions in general, no matter whether true, false, or reverse with reference to the abused, shall be punished with fines ranging above 12 paṇas, in the case of persons of equal rank.

If persons abused happen to be of superior rank, the amount of the fines shall be doubled; if of lower rank, it shall be halved. For calumniating the wives of others, the amount of the fines shall be doubled.

If abuse is due to carelessness, intoxication, or loss of sense, etc., the fines shall be halved.^[3]

As to the reality of leprosy and lunacy, physicians or neighbours shall be authorities.

As to the reality of impotency, women, the scum of urine, or the low specific gravity of fasces in water (the sinking of faeces in water) shall furnish the necessary evidence.^[4]

(Speaking Ill of Habits)

If among Brāhmans, Kṣatriyas, Vaiśyas, Śūdras, and outcastes (antāvasāyins), any one of a lower caste abuses the habits of one of a higher caste, the fines imposed shall increase from 3 paṇas upwards (commencing from the lowest caste). If any one of a higher caste abuses one of a lower caste, fines imposed shall decrease from 2 paṇas.^[5]

Contemptuous expressions, such as “a bad Brāhman,” shall also be punished as above.

The same rules shall apply to calumnies regarding learning (śruta), the profession of buffoons (vāgjīvana), artisans, or musicians, and relating to nationalities, such as Prājjūṇaka,^[6] Gāndhāra, etc.

(Intimidation)

If a person intimidates another by using such expressions as “I shall render thee thus,” the bravado shall be punished with half as much fine as will be levied on him who actually does so.

If a person, being unable to carry his threat into effect, pleads provocation, intoxication, or loss of sense as his excuse, he shall be fined 12 paṇas.

If a person capable to do harm and under the influence of enmity intimidates another, he shall be compelled to give life-long security for the well-being of the intimidated.^[7]

* Defamation of one’s own nation or village shall be punished with the first amercement; that of one’s own caste or assembly with the middlemost; and that of gods or temples (caitya) with the highest amercement.^[8]

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

Footnotes and references:

[1]:

N. 15, 12.

[2]:

M. 8, 274.

[3]:

Y. 2, 204, 206, 214; the Munich Manuscript reads “Adaṇḍa,” no punishment.

[4]:

N. 12, 10.

[5]:

Y. 2, 206.

[6]:

The Munich Manuscript reads “Prānaka [Prāṇaka?].”

[7]:

Y. 2, 208, 214.

[8]:

Y. 2, 211.