Verse 8.129

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

वाग्दण्डं प्रथमं कुर्याद् धिग्दण्डं तदनन्तरम् ।
तृतीयं धनदण्डं तु वधदण्डमतः परम् ॥ १२९ ॥

vāgdaṇḍaṃ prathamaṃ kuryād dhigdaṇḍaṃ tadanantaram |
tṛtīyaṃ dhanadaṇḍaṃ tu vadhadaṇḍamataḥ param || 129 ||

First of all, he shall inflict punishment in the form of reprimand, then in the form of reproach, thirdly in the form of fine, and after that the death-penalty.—(129)

 

Medhātithi’s commentary (manubhāṣya):

If the guilty person is a good man and has committed a slight offence, and for the first time, then he is only reprimanded: ‘you have not acted well, do not do it again.’

If, on being thus reprimanded, the man does not desist, or goes on to say ‘what is there wrong in this?’—then he is rebuked with such harsh reproachful words as ‘fie,’ ‘shame’ and so forth.

If he does not desist even when thus rebuked, he should be punished with fine, in accordance with the Law.

If he does not mind the fine either through folly or pride of wealth,—then he should be killed. This ‘death-penalty’ consists in the cutting off of certain limbs, etc., and not necessarily in actually killing the man; as is clear from what follows in the next verse.—(129)

 

Explanatory notes by Ganganath Jha

This verse is quoted in Mitākṣarā (1.366), which, in quoting it, transposes, ‘vāgdaṇḍam’ and ‘dhigdaṇḍam,’—such reading is more in keeping with Yājñvalkya’s text (1.356),—and it explains ‘dhigdaṇḍa’ as addressing such terms as ‘fie upon thee,’—and ‘vāgdaṇḍa’ as ‘pronouncing a terrible curse

It is quoted in Parāśaramādhava (Vyavahāra, p. 156); as laying down the order of sequence among the various forms of punishment; it explains vāgdaṇḍa as pronouncing a terrible curse (reproducing the exact words of Mitākṣarā) and ‘dhigdaṇḍa’ as ‘chiding with such words as fie and the like.’

It is quoted in Vivādaratnākara (p. 630), which adds the following notes:—‘vāgdaṇḍa’, ‘thou hast not done right,’—‘dhigdaṇḍa’, ‘fie upon thee, damned sinner.’

It is quoted in Vīramitrodaya (Rājanīti, p. 273), which adds the following notes:—The first two forms of punishment are meant for light offences; ‘vadhadaṇḍa’ means corporal punishment, which has to be inflicted upon all except the Brāhmaṇas.

 

Comparative notes by various authors

(verses 8.129-130)

Yājñavalkya (1.366).—‘Punishment in the form of Reproach, (2) in the form of Reprimand and (3) in the form of Fine,—shall be inflicted either severally or collectively, in accordance with the nature of the offence.’

Bṛhaspati (27.4-5).—(See under 120.)