Chapter 5.17 - Laws Relating to Assault (daṇḍapāruṣya)

Yājñavalkya has treated the subject of lawsuit called assault [i.e., daṇḍapāruṣya—daṇḍa-pāruṣya] exhaustively. He has not provided any definition for this type of law. The definition given in the Nāradasmṛti, expresses this topic of law as it is dealt upon by Yājñavalkya. The Nāradasmṛti explains that when someone causes injury to limbs of another person by means of hands, feet, weapon or otherwise or makes dirty or pollutes with ashes, etc., then it is designated as assault which forms a title of law.^[1]

The Mitākṣarā expounds that the offence of assault is committed by two ways viz.,

(i) injuring, i.e., striking and causing pain to another person’s limbs and also to movable or immovable properties with the help of hand, foot, weapon or by stones, etc.

(ii) defiling the body of another with ashes, dust, mud and the like impure substances, which gives rise to annoyance or mental pain due to the vile touch.^[2]

Yājñavalkya, at first, proclaims rule to deal with a doubtful case of assault that in case of a complaint of commission of an offence where there are no witnesses, such a lawsuit or dispute should be decided by carefully examining the marks, considering probabilities, popular reports, etc., and fearing about the creation of a false mark.^[3]

The kinds of acts, which are declared by Yājñavalkya, as coming within the scope of assault along with the punishment attached with them are as follows: -

(i) The act of throwing ashes, clay or dust on the body of another person, involves the fine of ten paṇas. Another act, which constitutes an assault is of polluting by the touches of an impure thing, a heel or spittle and the recommended punishment for this act is double the above mentioned fine, i.e., twenty paṇas. However, this punishments are to be implemented when both the parties to the suit are of equal order or rank. It varies according to the order of caste and status of both the parties. The fine becomes double of the originally mentioned, if the offence is committed against wives of other people and persons of higher orders. In case, the offender belongs to superior class than that of the victim, the fine payable is only half of the amount prescribed for the same class. An exemption is provided from being fined when the offence has been committed due to the influence of intoxication, infatuation or the like.^[4] Regarding the exception given here, it is interesting to note that Sections 84, 85 and 86 of the Indian Penal Code also consider unsoundness of mind, intoxication etc., as the grounds of defence or general exceptions to anyone of the criminal offences mentioned in that Act.^[5]

(ii) Raising one’s hand or foot up for striking another person amounts to assault and the penalty is a fine of ten and twenty paṇas respectively.^[6]

(iii) The penalty is the middle amercement when assault is caused by raising weapons or arms to striking.^[7]

(iv) Pulling of another’s feet, hair, clothes or hand also form assault and in that case fine is ten paṇas. The fine increases depending upon the gravity of the particular type of act. Therefore, a fine of hundred paṇas is prescribed if pain is inflicted by violently pulling another for binding with clothes, trampling him with feet, etc.^[8]

(v) Pain caused by striking with a stick, etc., but without shedding blood constitute assault to be fined with twenty-two paṇas. For the same offence, penalty is double if blood appears.^[9]

(vi) In a case of assault where hands, feet, teeth are broken, ear or nose is cut off, wound is rendered fresh or also beaten almost to death, the penalty is mentioned as middle amercement.^[10]

(vii) The act of causing grievous hurt to various organs of another’s body such as eye, neck, arms, thigh, etc., and rendering incapable of moving, eating, speaking, is considered as assault to which the penalty is the middle amercement.^[11]

(viii) Besides the assault committed upon the limbs of others, Yājñavalkya considers mischief to movable or immovable property as an assault. He provides a fine of five paṇas for striking at the wall, ten paṇas for boring or breaking it into two parts and twenty paṇas for pulling down a wall along with the expenses incidental thereto.^[12]

(ix) Another act concerning property, which gives rise to the offence of assault, is throwing a thing or article capable of causing bodily pain, injury or destruction to life. While committing this assault for the first time, one should be compelled to pay sixteen paṇas and middle amercement for committing it for a second time.^[13]

(x) The author also accepts causing injury to animals or maiming animals, to be assault. Beating, drawing blood, cutting horns and severing the limbs of small animals will form the offence of daṇḍapāruṣya. In such cases, a penalty beginning with two paṇas and upwards in order are imposed on the offender.^[14] The punishment of middle amercement over and above the price of that animals is recommended for the act of cutting off genital organs and causing death to small animals. When similar offence is committed against big animals, double is the penalty to that of the small animals.^[15]

(xi) The harmful acts towards trees, etc., amount to daṇḍapāruṣya. The offence of assault is meted out for the cutting of the branches or the trunks or uprooting entirely the huge trees and also those trees yielding livelihood to the owner and the penalty will begin from twenty paṇas and shall be increased by double of the previous one.^[16] While committing the same act, resulting in a similar offence as is mentioned in the immediately preceding rule, the penalty laid down is twofold of the fine as prescribed for the same act so far it relates to trees grown in a sacrificial place, a cremation ground, a boundary line, a sacred place or a temple, etc.^[17] For cutting down groves, bushes, creepers, plants and medicinal herbs, grown in places as mentioned above, then the fine will be half of the amount as that of huge trees.^[18]

Yājñavalkya also advocates liability to be incurred by the offender besides the penalty to be paid for the particular assault. Thus, one causing wound or bodily injury to another person has to bear the incidental expenses.^[19] According to the Mitākṣarā, it includes the expenses for medicine and special diet.^[20] One is under obligation to give back or restore whatever has been taken away during the scuffle and also liable to pay a fine double the value of the thing as penalty.^[21] Yājñavalkya proclaims physical or corporal punishment only in one instance of the assaults. He prescribes the punishment of cutting off that limb with which a person, who is not a Brāhmaṇa, inflicts pain on a vipra. If offence is committed by raising limb, etc., then penalty should be the lowest amercement and penalty will be half of it for merely touching.^[22]

The offences, which are dealt with by Yājñavalkya under the title daṇḍapāruṣya pertain to a variety of criminal offences, enumerated in the Indian Penal Code, which is in force even today. Some of the offences, which are found to be corresponding to the provisions of daṇḍapāruṣya of the Yājñavalkyasmṛti, more or less, are the offences viz., assault, criminal force, hurt, grievous hurt, voluntarily causing hurt by dangerous weapons or means, wrongful restraint, wrongful confinement, mischief to property, mischief by killing or maiming animal of the value of ten rupees, mischief by killing or maiming cattle etc., of any value, or animal of the value of fifty rupees as found under Sections 351, 350, 319, 320, 324, 339, 340, 425, 428, 429 respectively of the Indian Penal Code.^{[23] [24]} However, the punishment provided for these offences under the Indian Penal Code are not only pecuniary in nature like that of the Yājñavalkyasmṛti, but, there are provisions for imprisonment also.

Footnotes and references:

[1]:

paragātresvabhidroho hastapādāyudhādibhiḥ/ bhasmādīnāmupakṣepairdaṇḍapāruṣyamucyate// Nāradasmṛti, 4.15. 4

[2]:

paragātreṣu sthāvarajaṅgamātmakadravyeṣu… tadubhayaṃ daṇḍapāruṣyam/ Mitākṣarā on Yājñavalkyasmṛti,2.212

[3]:

asākṣikahate cihnaiyuktibhiścāgamena ca/ draṣṭavyo vyavahārastu kūṭacihnakṛto bhayāt// Yājñavalkyasmṛti,2.212

[4]:

Ibid.,2.213-214

[5]:

Misra, S.N., Indian Penal Code, pages190,205,208

[6]:

udgūrṇe hastapāde tu daśaviṃśatikau damau/ Yājñavalkyasmṛti,2.216

[7]:

parasparaṃ tu sarveṣāṃ śastre madhyamasāhasaḥ// Ibid.

[8]:

pādakeśāṃsukakaroluñcaneṣu paṇāndaśa/ pīḍākarṣāṃśukāveṣṭapādādhyāse śataṃ damaḥ// Ibid.,2.217

[9]:

Ibid.,2.218

[10]:

karapādadaṃto bhaṅge chedane karṇanāsayoḥ/ madhyo daṇḍo vraṇodbhede mṛtakalpahate tathā// Ibid.,2.219

[11]:

ceṣṭābhojanavāgredhe netrādipratibhedane/ kandharābāhusakthnāṃ ca bhaṅge madhyamasāhasaḥ// Ibid.,2.220

[12]:

Ibid.,2.223

[13]:

duḥkhotpādi grhe dravyaṃ kṣipanprāṇaharaṃ tathā/ ṣoḍaśādyaḥ paṇāndāpyo dvitīyo madhyamaṃ damam// Ibid.,2.224

[14]:

Ibid.,2.225

[15]:

liṅgasya chedane mṛtyau madhyamo mūlyameva ca/ mahāpaśūnāmeteṣu sthāneṣu dviguṇo damaḥ// Ibid.,2.226

[16]:

Ibid.,2.227

[17]:

caityaśmaśānasīmāsu puṇyasthāne surālaye/ jātadumāṇāṃ dviguṇo damo vṛkse ca viśrute// Ibid.,2.228

[18]:

Ibid.,2.229

[19]:

duḥkhamutpādayedyastu sa samutthānajaṃ vyayam/ dāpyo daṇḍaṃ ca yo yasminkalahe samudāhṛtaḥ// Ibid.,2.222

[20]:

… tasya vraṇaropaṇādau auṣadhārthaṃ pathyārthaṃ ca yo vyayaḥ kriyate taṃ dadyāt/ Mitākṣarā, Ibid.

[21]:

kalahāpahṛtaṃ deyaṃ daṇḍaśca dviguṇastataḥ// Yājñavalkyasmṛti,2.221

[22]:

Ibid.,2.215

[23]:

Vide, Misra, S.N., Indian Penal Code, pages 647, 645, 618, 620, 624, 636, 640, 792, 795,

[24]:

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