Chapter 10 - Fines in Lieu of Mutilation of Limbs

[Sanskrit text for this chapter is available]

When government servants (arthacara) commit for the first time such offences as violation of sacred institutions (tīrthāghāta), or pick-pocketing (granthibheda), they shall have their thumb and the little fingers cut off or shall pay a fine of 54 paṇas; when for a second time (they commit the same), they shall have their (...) cut off or pay a fine of 100 paṇas; when for a third time, they shall have their right hand cut off or pay a fine of 400 paṇas; and when for a fourth time, they shall in any way be put to death.^[1]

When a person steals or destroys cocks, mungoose, cats, dogs or pigs, of less than 54 paṇas in value, he shall have the edge of his nose cut off or pay a fine of 54 paṇas. If these animals belong to either Caṇḍālas or wild tribes, half of the above fine shall be imposed.

When any person steals wild beasts, cattle, birds, elephants, tigers, fish, or any other animals confined in traps, fences, or pits, he shall not only pay a fine equal to the value of the stolen animals, but also restore the animals.

For stealing beasts or raw materials from forests, a fine of 100 paṇas shall be imposed. For stealing or destroying dolls, beasts, or birds from infirmaries, twice the above fine shall be levied.

When a person steals articles of small value, belonging to artisans, musicians, or ascetics, he shall pay a fine of 100 paṇas; and when he steals big articles or any agricultural implements, he shall pay double the above fine.

When any person enters into a fort without permission, or carries off treasure through a hole or passage In the wall of the fort, lie shall either be beheaded^[2] or be made to pay a fine of 200 paṇas.

When a person steals a cart, a boat or minor quadruped, he shall have one of his legs cut off or pay a fine of 300 paṇas.

When a gambler substitutes false dice to be hired for a kākaṇī^[3] or any other accessory things of dice-play, or commits fraud by tricks of hand, he shall have his hand cut off or pay a fine of 400 paṇas.^[4]

When any person abets a thief or an adulterer, he, as well as the woman who voluntarily yields herself for adultery, shall have their ears and nose cut off, or pay each a fine of 500 paṇas, while the thief or the adulterer shall pay double the above fine.

When any person steals a big animal, abducts a male or female slave, or sells the articles belonging to a dead body (pretabhāṇḍa), he shall have both of his legs cut off, or pay a fine of 600 paṇas.^[5]

When a man contemptuously rushes against the hands or legs of any person of a higher caste, or of a teacher, or mounts the horse, elephant, coach, etc., of the king, he shall have one of his legs and one of his hands cut off, or pay a fine of 700 paṇas. ^[6]

When a Śūdra calls himself a Brāhman, or when any person steals the property of gods, conspires against the king, or destroys both the eyes of another, he shall either have his eyes destroyed by the application of poisonous ointment, or pay a fine of 800 paṇas.^[7]

When a person causes a thief or an adulterer to be let off, or adds or omits anything while writing down the king’s order, abducts a girl or slave possessed of gold, carries off any deceitful transaction, or sells rotten flesh, he shall either have his two legs and one hand cut off or pay a fine of 900 paṇas.^[8]

Any person who sells human flesh shall be condemned to death.

When a person steals images of gods or of animals, abducts men, or takes possession of fields, houses, gold, gold coins, precious stones, or crops of others, he shall either be beheaded or compelled to pay the highest amercement.

* Taking into consideration the (social position of) persons, the nature of the offence, the cause, whether grave or slight (that led to the perpetration of the offence), the antecedent and present circumstances, the time, and the place; * and without failing to notice equitable distinctions among offenders, whether belonging to royal family or to the common people, shall the commissioner determine the propriety of imposing the first, middlemost, or highest amercements.^[9]

[Thus ends Chapter X, “Fines in Lieu of Mutilation of Limbs,” in Book IV, “The Removal of Thorns,” of the Arthaśāstra of Kauṭilya. End of the eighty-seventh chapter from the beginning.]

Footnotes and references:

[1]:

M. 9, 277; Y. 2, 274.

[2]:

Kandharavadha, cutting off the ligaments at the back of the leg.—Meyer.

[3]:

See Chapter XX, Book III.

[4]:

Y. 2, 202; N. 17, 6.

[5]:

M. 8, 324.

[6]:

Y. 2, 302-304.

[7]:

Y. 2, 302-304.

[8]:

Y. 2, 287, 295.

[9]:

M. 8, 126; Y. 2, 275.