Part 7b - Punishment with fine

The Matsyapurāṇa prescribes different kinds of fine as punishment for different types of crime. It imposes fine in the form of the value of a thing, judicial fine, fine with gold, silver and also other measurements

(i) If one misappropriates anything kept under his custody, then he should be fined with the same value of the thing misappropriated.^[1]

(ii) If one does not return the thing kept under his custody to its owner or if one falsely blames someone as keeping thing under the custody of that person then punishment should be imposed in both the cases with a fine of double value of the thing or with the punishment for theft.^[2]

(iii) If a teacher does not impart knowledge or mechanical training to the students even after receiving the fee amount then he should be fined with the full amount of the fee.¹¹⁸

(iv) Without inviting the neighbours if one feeds the brāhmaṇas, then he should be fined with one māṣa of gold.^[3] But at the same time he will not be guilty if he does not invite any sinful brāhmaṇa.

(v) If a brāhmaṇa is invited but does not attend without any cause remaining at home, then he should be fined with hundred and eight (108) damas (dama means).^[4]

(vi) A fine of gold should be imposed on one who does not offer a promised gift to someone.

(vii) A servant who disobeys orders out of arrogance should be fined with eight (8) kṛṣṇalas and his wages should not be paid. A master who does not return a thing kept under his custody to his servant or does not pay his servant his wages in due time and fires him untimely, then a fine of hundred (100) kṛṣṇalas should be imposed on such master. A person, who does not clear the balance amount within ten days from the date of purchasing or selling a thing, should be fined with six hundred (600) kṛṣṇalas.^[5]

(viii) Without disclosing her defects if a father marries off his daughter then he should be fined with ninety six (96) paṇas. One, who declares a girl to be defective but cannot prove that, should be fined hundred (100) paṇas. Again one who marries off one girl showing another girl he should be fined uttama sāhasa i.e., highest degree of punishment (fine up to thousand paṇas). The same punishment is prescribed for the one who marries off a married girl again. One who marries a girl without disclosing his defects should be fined two hundred (200) paṇas. The person who demands more money than agreed upon and the person who sells his daughter in marriage should be fined with the double of the previous amount.^[6]

(ix) The Matsyapurāṇa alludes to Manusaṃhitā and agrees that if a cattle eats away corns of a field then the owner of the cattle should be punished with a fine ten times the damage done and twice of this fine should be levied if the crime is done willfully. However, this fine will not be imposed in case of a cow that has calved only ten days ago and a bull consecrated to the deity.^[7]

(x) If a kṣatriya abuses a brāhmaṇa then he should be fined one hundred (100) paṇas. A vaiśya doing the same fine should be fined two hundred (200) paṇas and if it is done by a śūdra then he should face capital punishment. If a brāhmaṇa abuses a kṣatriya then he should be fined fifty (50) paṇas, if he abuses a vaiśya he should be fined twenty five (25) paṇas and if he abuses śūdra he should be fined twelve (12) paṇas. If a vaiśya abuses a kṣatriya he should be punished with a fine of prathama sāhasa i.e. first degree of punishment (fine of two hundred and fifty paṇas). If a śūdra abuses a kṣatriya he should be punished by severing his tongue. If a kṣatriya abuses a vaiśya he should be fined fifty (50) paṇas. If the same is done to śūdra then the fine should be of twenty five (25) paṇas. If a śūdra abuses a vaiśya he should be punished with a fine of uttama sāhasa but a vaiśya abusing a śūdra should be fined fifty (50) paṇas. People abusing men of their own community should be fined only twelve (12) paṇas and those who indulge in most foul abuse should be fined twice the amount prescribed. ^[8]

(xi) The person who makes false statements about the Vedas, about his country, caste, about physical labour should be fined twice the uttama sāhasa.^[9]

(xii) A sinner who ill-treats a high class man should be fined uttama sāhasa and one who violates the rule of a king should pay double of this amount of fine.^[10] The man who knowingly utters harsh words towards the oneeyed, the blind and the lame should be fined one tolā of silver kārṣāpaṇa (a measure of gold and silver).^[11] One who uses harsh words towards his mother, father, elder brother, father-in-law and preceptor or stands in their way should be fined one hundred (100) paṇas. Other than his preceptor if one does not make room for other honourable persons should be fined one rati of silver kṛṣṇala.^[12] If a man who abuses another and then says that he did so due to affection or to make a joke only and would never do such again should be fined only half of the amount prescribed.^[13]

(xiii) The fine for making others bleed is one hundred (100) paṇas, while for piercing others flesh, it is six (6) niṣka (niṣka means one palam of gold, i.e., one sixth of pound).^[14] A fine of twice damas should be imposed on one who kills small animals and deer. If one kills insects and worms he should be fined one māṣa of silver. The owner of the animals should be paid his price.^[15]

(xiv) The Matsyapurāṇa also prescribes fine for those who destroys or cuts trees etc. One who cuts his master’s or other’s tree full of fruits should be fined gold pieces and if the tree is near a main road, a boundary line or a pond, the fine should be doubled. Punishment for breaking fruit trees, arbours, creepers and floral plants should be a fine of one māṣa of gold. Even a man chopping grass without any necessity must pay a fine of a kārṣāpaṇa. If one beats the animals unnecessarily he should be fined three (3) ratis of kṛṣṇalas.^[16]

(xv) If a person steals a rope or a pot from a well or breaks away the pot full of drinking water should be fined one māṣā of gold and should satisfy the owner of those well etc. Those who steal cotton bales, cotton, wines, cowdung, molasses, fish, birds, oil, clarified butter, flesh, honey, salt, rice and cooked food should be fined twice the amount of the price of these products. A man who steals grain out of a field, flowers, creepers and rice, should be fined five (5) māṣās of gold or silver and the theft of ripe crop, śāka, berries and fruits should be punished with a fine of one hundred (100) paṇas, if the thief has no sons and if the thief has sons then two hundred (200) daṇḍas.^[17]

(xvi) A brāhmaṇa, kṣatriya and a vaiśya who indulges in pleasure with a woman of lower order i.e., with a kṣatriya, vaiśya and śūdra woman, should be fined uttama sāhasa. If a brāhmaṇa does so with vaiśya woman or a kṣatriya with śūdra woman they should be fined madhyama sāhasa i.e., medium degree of punishment (fine up to five hundred paṇas) and if vaiśya with a śūdra woman, he should be fined prathama sāhasa.^[18] A śūdra who indulges with woman of his community should be fined one hundred (100) paṇas, double the amount if a vaiśya does so with a vaiśya woman, triple the amount if a kṣatriya does so with a kṣatriya woman and four times the amount in case of a brāhmaṇa when he goes to brāhmaṇa woman. These amounts of fine may be increased if the woman is under guardianship.^[19] These amounts will be double in case of a person who indulges with the sister of his father or mother, mother-in-law, maternal uncle’s wife, uncle’s daughter, aunt, sister, wife of a friend or a disciple or with a brother’s wife.^[20] One who indulges with a cow should be fined a gold piece and a twice born indulging with a prostitute should be made to pay her wages.^[21]

(xvii) If a prostitute goes to another person after getting her payment, she should be made to pay double amount of the wage already paid to her. If a man takes a prostitute to another man under the pretext of one particular person then he should be fined one māṣā of gold. If a man after bringing a harlot does not indulge with her, the king should make him pay her twice as much and should levy a similar amount of fine for himself. If a number of people forcibly indulge with a prostitute the king should make each one of them pay her double the amount of her wages.^[22]

(xviii) If one abandons fallen father, mother, wife, preceptor, priests, he should be fined six hundred (600) gold pieces.^[23]

(xix) A student who studies at forbidden times should be fined three (3) kārṣāpaṇas and the teacher should be fined twice the amount.^[24]

(xx) A physician who willingly spoils the treatment of a patient should be fined uttama sāhasa, madhyama sāhasa and prathama sāhasa according to the nature of ill treatment he offers.^[25]

(xxi) Those who break a state umbrella, banner or an idol should be fined five hundred (500) gold pieces and made to repair them. Those who break pure articles and jewels should be fined prathama sāhasa.^[26]

(xxii) One who practices vaśīkaraṇa and abhicāra should be fined five hundred (500) paṇas.^[27]

(xxiii) If a man finds fault with and abuses weapons, sacrifices, asceticism, country idol, chaste woman, he should be fined uttama sahasa and if similar offence is committed by a group of people each one of them should be severely fined twice as much.^[28]

(xxiv) If a śūdra eats garlic, onion, ham, chicken and animals of five nails and other uneatable, he should be fined one kṛṣṇala, whereas brāhmaṇas, kṣatriyas and vaiśyas doing the same are to be fined fourfold, threefold and twofold respectively greater than the śūdra and the one who excites them to do so should be fined twice as much. If one volunteers to finance and thus helps them to eat uneatables, then he should be fined four times.^[29]

(xxv) If a person who is holy and of a superior class touches anything which he ought not or attempts to do hard work which he is unable to do or gelds animals or procures abortion to a maid or eats in a śūdra’s daiva and pitṛ karmans and does not attend an invitation should be fined one hundred (100) kārṣāpaṇas.^[30]

(xxvi) If the king’s writer in his writing on a stamp-paper frees a thief or an adulterous man should be fined uttama sāhasa. If he be a kṣatriya he should be fined madhyama sāhasa, if a vaiśya he should be fined prathama sāhasa and half of this amount should be made for a śūdra.^[31]

(xxvii) One who does not present himself in obedience to a writ-royal or comes unasked and the man who being sentenced effects his escape from the judge and those who are without any manhood should be made liable to a fine of silver or gold as the case may be. The dispatcher or the servant for his fault should be fined half of the above mentioned fine. One who escapes from the lock-up should be punished with eight times of the aforesaid prescribed punishment.^[32]

Footnotes and references:

[1]:

Cf., Ibid., 227.1

[2]:

Cf., Ibid., 227.2¹¹⁸ Cf., Ibid., 227.6

[3]:

Cf., Ibid., 227.7

[4]:

Cf., Ibid., 227.8

[5]:

Ibid., 227.9-14

[6]:

Ibid., 227.14-21

[7]:

Ibid., 227.28-29

[8]:

Ibid., 227.67-72

[9]:

Ibid., 227.76

[10]:

, 227.77-78

[11]:

, 227.80

[12]:

, 227.81-82

[13]:

, 227.79

[14]:

, 227.87

[15]:

, 227.89-90

[16]:

, 227.91-94

[17]:

Ibid., 227.99, 106-110

[18]:

, 227.135-136

[19]:

, 227.137-138

[20]:

, 227.139-140

[21]:

, 227.142

[22]:

Ibid., 227.143-146

[23]:

Ibid., 227.147

[24]:

, 227.149

[25]:

, 227.175

[26]:

, 227.176-177

[27]:

, 227.181

[28]:

, 227.185-186

[29]:

, 188-191

[30]:

, 227.192-194

[31]:

, 227.199-200

[32]:

, 227.203-205