Chapter 227 - The code of criminal laws

[Sanskrit text for this chapter is available]

Puṣkara said:

1-8. I shall describe the criminal laws by (enforcing) which an elevated position is attained by a king. You know that (the weight of) three barley (grains) is (equal to) one berry seed. (The weight of) a black gram would be that of five berries. O Rāma! It is said that sixty berries (make up) a half of one karṣa (weight). O Rāma! A suvarṇa (weight) is said to be (equal to) sixteen black-grams. Four suvarṇas make up one niṣka and ten niṣkas one dharaṇa. These are the measures of weight (used) in (weighing) copper, silver and gold. O Rāma! Kārṣika is said to be kāṛṣāpaṇa by coppersmiths well-versed (with the same). Two hundred and fifty paṇas are remembered to be the sāhasa first. The middle one is known to be (equal to) five (hundred paṇas) and the foremost one as one thousand (paṇas). (These are the three kinds of punishments). If a person tells ‘I have been robbed’, when he has not been robbed by the thieves and is handed over to the king, such a person should be punished by making to pay the same amount. One who tells differently or falsely (about the exact amount robbed), both these should be levied double the punishment by the king. The men belonging to the three castes (other than brahmins) who bear false witness should be levied punishment. A brahmin (bearing false witness) should be expelled. The above punishment has not been prescribed (in that case). One who enjoys (a property) entrusted with him should be levied a fine of equal value.

9-11. O Righteous one! (The same fine should be levied) in the case of clothes etc. (being used similarly). One would not swerve from righteousness by such an act. One who conceals the entrusted property and one who asks for restoration of things without having entrusted the same (to some one) should be punished like robbers or levied double the fine. One who sells away another’s property unknowingly is free of fault. But (one who sells another’s property) knowing (that it belongs to another) deserves punishment as for a robber. One who receives the price for a work and does not give goods, is indeed punishable.

12. The king should levy a fine of one suvarṇa for one who promises (to give something) and does not give. One who accepts payment and does not do the work should be levied a fine of eight kṛṣṇalas.

13-22. But (a master) dismissing a servant before (the end of) the term should be punished with the same fine. One who has a remorse after buying or selling something may return to its master or take from him within ten days (as the case may be). Neither one can receive nor return after ten days (in such a deal). Any person receiving or returning (such a property after that) should be levied a fine of six hundred (paṇas) by the king. One who solicits a girl for a bridegroom, should be levied a fine of two hundred (paṇas) by the king whether the marriage has been done or not. One who gives in marriage a girl who had already been married to another should be punished by a king. The fine of uttama sāhasa (one thousand paṇas) (should be levied) in that case. One who enters into a solemn agreement (with a person for sale) and sells it to another person out of greed deserves to be punished with six hundred (paṇas). The keeper (of a cow-shed) not restoring the cow (to the owner) after receiving the charges for the upkeep should be punished by the king with one hundred (paṇas) and a suvarṇa if not taken proper care (of the entrusted animal). Land to the extent of one hundred dhanus (one dhanu is equal to four cubits) should be set apart around the village and twice or thrice as much around a city (for the grazing of the cows). It should be made in such a way that a camel would not be able to look over (the encircling wall). When the (stored) grains have not been enclosed and were lost there would be no punishment. One who frightens (the owner) of a house, tank, garden or land and takes the same should be punished with five hundred (paṇas). (If it is done) inadvertently the fine (would be) two hundred (paṇas). All those who break the boundaries should be punished with the first sāhasa^[1].

23-25. O Rāma! A kṣatriya censuring a brahmin deserves to be punished with (a fine of) one hundred paṇas, a vaiśya, two hundred paṇas and a śūdra, a capital punishment. A brahmin having censured a kṣatriya should be punished with (a fine of) fifty (paṇas), (having censured) a vaiśya, twenty-five (paṇas) and (having censured) a śūdra, twelve (paṇas). A vaiśya (having eensured) a kṣatriya should get (punishment to pay) the first (class of) sāhasa. A śūdra having censured a kṣatriya should be getting (the punishment of) severing the tongue.

26-27. A śūdra giving moral instruction to brahmins is liable for punishment. One who preaches falsely the doctrines of scriptures should be levied (a fine of) twice the sāhasa. One who insults men of respect should be (meted the punishment of) uttama sāhasa. But the above described punishments should be half if the crimes have been done inadvertently or for fun.

28. One who accuses his mother or father or elder brother or father-in-law or the preceptor should be levied a fine of one hundred (paṇas). (The same punishment should be levied) for obstructing the pathway of the preceptor.

29. One of a lower caste should without enquiry be severed of the organ by which he had done harm to a member of the (three) higher castes.

30-31. The king should cause the lips to be cut off if a person spits on the ground with pride. Similarly, one passing urine or faeces on the body (of a brahmin) (should be punished by cutting the) penis and the anus respectively. If a member of a low caste had occupied the seat of a member of a higher caste, his lower organ (buttocks) should be cut. One who causes injury to any organ of another (should be punished by cutting the same organ (of the offender).

32. The killers of a cow, elephant, horse or camel should have their legs and hands cut off. One who would make a tree barren deserves the fine of a suvarṇa.

33-36. When the pathway or a boundary or the tank has been cut (by a person he) should be levied double the (above) fine. One who either wilfully or unintentionally takes away the articles of another should restore it to him to satisfy him and pay the fine to the king. One who steals the rope or the pot from the well and damages the channel should be punished for a month (with imprisonment). One should be punished (similarly) if he beats an animal. The punishment for stealing ten pitchers full of paddy is more than death. The punishment (for stealing) more than that (quantity) would be eleven times (the former). Capital punishment (should be ordered for stealing) gold, silver etc. (and for kidnapping) men and women.

37. The organ with which one would steal from others should be removed by the king for the sake of discipline.

38-39. A brahmin taking little (quantity of) vegetables and grains etc. (for his use without the knowledge of the owner) would not be a criminal. (Similarly) in the case of taking for the cows or gods (one would not be a criminal). One who attempts to kill another, should be killed.

40. One who seizes the house or field (belonging to another,) one who copulates with another’s wife, one who is an incendiary and one who administers poison should be killed. So also in the case of one who attacks with a drawn weapon.

41-42. A king should kill those who cause the death of cattle by magic spells. One should not converse with another’s wife and should never copulate with a forbidden (woman). A girl choosing her husband herself should not be punished by the king. A man of the lower caste holding incest with a woman of the higher caste deserves to be killed. The woman who breaks her faith in the husband, should be made to be bitten by dogs. A woman defiled by a man of her own caste should be made to live on a morsel of food (a day).

43-4 7. A woman defiled by one of the superior (caste) should have her head shaved. A brahmin copulating with a vaiśya woman and a kṣatriya going to a woman of the low caste (should be fined) with the first (variety of fine). A kṣatriya and a vaiśya are punishable for going to a śūdra woman. If a courtesan after having received a contract, goes to another on account of greed, she should pay (the first one), twice the contracted amount and (pay) twice the amount as fine. One’s wife, sons, servants, pupil and brother having done an offence should be beaten with a rope or with a piece of bamboo A thief should be struck on the back but not on the forehead. One would acquire sin (by doing so) (by striking on the forehead). The officers in charge of protecting the people seizing very much should be banished (from the kingdom) after having seized all their (property).

48. Those who have been employed to do certain work if do not do the work of their employers, the king should make those shameless, cruel-minded to be penniless.

49. Likewise the king should banish the minister or justice after having taken the entire (property) for doing the work of another (king).

50. If one violates the bed of the preceptor, (mark of) female generative organ should be made (on the forehead), a pot of wine in case of drinking of wine, a dog in case of stealing and the head of a person in the case of killing a brahmin.

51. The king should kill (criminals belonging to) śūdra and other (communities) and banish the brahmin sinners. The wealth belonging to great sinners should be offered to (god) Varuṇa (God of righteousness).

52. (A king) should kill all those who offer shelter, food and wealth to thieves in the villages also.

53-54. The feudatory chiefs and the governors of provinces in the kingdom who are sinful should be killed. The king should place on the pike after having cut the arms of those thieves who commit theft in the night after having agreed (to show good conduct). The king should kill those who break tanks and temples.

55. One should be levied (a fine of) a kārṣāpaṇa for having committed nuisance on the thoroughfare when there was no adversity and be made to clean the impurity.

56-59. One who breaks his contract every month should pay (a fine of) five hundred (paṇas) to the party concerned (Merchants), dealing fraudulently with honest men in respect of the price (of a commodity), should be punished with the first or the middle (kind of) fine. The king should confiscate all goods from the obstructing merchants by (paying) small sum and punish them with the uttama (variety of) sāhasa separately. One who adulterates the materials and who sells imitationarticles should be given the middle (kind of) punishment. One who makes contraband goods (should be made to pay) uttama (sāhasa). One who insults in a quarrel should be given the punishment of twice that (amount).

60-64. A fine of kṛṣṇala^[2] (should be collected) from a brahmin or a śūdra who eats the forbidden food. One who makes false balance and weight and those who make use of these should be levied the uttama (kind) of fine. The women who administers poison to her husband or preceptor, or a brahmin and children or sets fire to the house should be banished (from the country) with cows after having cut her ears, hands and nose. Those men who damage a land or house or village or forest and one who seduces the wife of the king should be burnt with the fire from the cremation ground. One who copies the royal edict omitting or adding (some sentences) and one who sets free an adulterer and a thief should be punished with the uttama (sāhasa) fine. The punishment for one who ascends the vehicle or the seat of the king is the uttama sāhasa.

65-66. If one thinks that he has not been defeated even though he has duly been defeated, (the king) should defeat him again and inflict double-fold punishment. One who summons a person that had not done any crime should be put to death. If an accused person escapes from the custody of the punisher on account of the latter’s carelessness, that punisher should pay the fine.

Footnotes and references:

[1]:

See verse 4, pp. 588-[?].

[2]:

See the first verse, p. 588.