Verse 7.16

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

तं देशकालौ शक्तिं च विद्यां चावेक्ष्य तत्त्वतः ।
यथार्हतः सम्प्रणयेन्नरेष्वन्यायवर्तिषु ॥ १६ ॥

taṃ deśakālau śaktiṃ ca vidyāṃ cāvekṣya tattvataḥ |
yathārhataḥ sampraṇayennareṣvanyāyavartiṣu || 16 ||

To men who act unlawfully, he shall mete it out appropriately, having carefully considered the time and place, as also the strength and learning.—(16).

 

Medhātithi’s commentary (manubhāṣya):

Those ‘who act unlawfully,’—i.e., do things harmful to the King.—i.e., such persons as the Chief Minister and others,—it is the punishment to be inflicted upon such men that is described now. As regards persons who behave unlawfully towards one another, the punishment to be inflicted is going to be described under VIII. 126, where it is said—‘Having ascertained the motive &c &c.’; and the present verse also we have explained under that text. One additional factor introduced in the present text is ‘learning’, which stands for Vedic learning.

‘Appropriately’—according as each man may deserve.

‘Mete out’—inflict, bestow.

Punishment should be meted out after having fully considered all that is here mentioned. If inflicted in any other way, it would bring perceptible trouble to the King.

The two (similar) verses occurring in discourses VII and VIII differ in the following respects—(a) one refers to visible (worldly) matters and the other to invisible (super-physical) ones, and (b) one refers to the King’s servants and the other to his people.—(16)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Vivādaratnākoì'a (p. 646), which adds the following notes:—Rājā, so called because of his giving satisfaction (rañjanāt),—puruṣaḥ, ‘equal to the Supreme Being’, residing in the hearts of the people;—he is the netā, the ‘leader’, the propagator of Dharma,

It is quoted in Vīramitrodaya (Rājanīti, p. 292);—and in Vivādacintāmaṇi (p. 261), which has the following notes:—Rājā, so called because he keeps the people contented (
),—puruṣaḥ, the Supreme Person, because he abides in the heart (puri shete) of the people,—nètā, - ruler, master,—‘śāsitā’, the propagator of proper righteousness.

 

Comparative notes by various authors

Yājñavalkya (1.352).—(See under l5.)

Yājñavalkya (1.367).—‘The king shall inflict punishment upon those who deserve it, after duly taking into consideration, the crime, the place and the time, as also the strength, age, act and wealth of the culprit,’

Gautama (12.51).—‘The award of punishment should be regulated by a consideration of the status of the criminal, of his bodily strength, of the nature of the crime and whether the offence has been repeated.’

Vaśiṣṭha (19, 9-10).—‘Punishment should be awarded in cases of assault and abuse after due consideration of the particular place and time, of the duties, age, learning, and the sect; in accordance with the scriptures and in accordance with precedents.’

Viṣṇu (3.91, 92).—‘He should inflict punishments, corresponding to the nature of their offences, upon evil-doers. He should inflict punishments according to justice.’

Matsya-purāṇa (Vīramitrodaya-Rājanīti, p. 255).—‘The king should inflict punishment after due enquiry; everything rests upon punishment.’

Arthaśāstra (p. 32).—‘Punishment is the means whereby the security of the science of philosophy, Vedic triad and Trade-Agriculture is obtained.’

Śukranīti 1.45-47).—‘Through fear of punishment meted out by the king, each man gets into the habit of following his own Dharma. The person who follows his own Dharma can become powerful and influential in this world. With strict adherence to one’s own duty, there can he no happiness. Poliowing one’s own Dharma is the highest penance.’