Chapter 4.5 - Offences Related to the King and His Power

In every nation, the offences related to the state are considered of serious nature. The Vyavahārādhyāya states some of the offences committed against the royalty. Most of them are included in the title of law called prakīrṇaka. The Mitākṣarā explains that the disputes, which have reference to the transgression or the obedience of the king’s commands comprise the title of law called prakīrṇaka, as such these are closely connected with the king. Therefore, the king himself gets the authority to assume the role of a contending party against such persons and decide the suit.^[1]

Indulging in talks affecting the interests of royalty, vilifying the king, disclosing his secret counsels, are the offences against the government, mentioned in the Vyavahārādhyāya. The punishment for these offences is cutting off the tongue and banishment.^[2] Sitting on a royal car or throne is regarded as an offence, for which the highest form of pecuniary penalty is imposed.^[3] Robert Lingat observes that these offences denote a different aspect of the royal activity, where the king finding out the wrongdoer applies chastisement to them in the name of the state. In some aspects, it resembles police activity of government.^[4] The king has the power of reviewing judicial proceeding, if a suit is wrongly decided and he can decide legally after careful investigation. In such case, the king can punish the assessors along with the party, who wins through unfair means, with the penalty of twice the amount of the fine, prescribed for the defeated party.^[5] Having carnal intercourse with a wife of the king is considered a grave offence. Such an offender is burnt down with the fire of vīraṇa grass.^[6]